Bentley v. Anderson-McGriff Hardware Co.

Atkinson, Justice.

1. “This court will never pass upon the constitutionality of an act of the General Assembly unless it clearly appears in the record that the point was directly and properly made in the court below and distinctly passed on by the trial judge.” Brown v. State, 114 Ga. 60 (2) (39 S. E. 873); Griggs v. State, 130 Ga. 16 (60 S. E. 103).(a) It is clear from the language of the judgment upon which error is assigned that the trial judge did not rule upon the constitutional question.(5) Whether or not the constitutional question, having been raised for the first time in the response…