Legal Opinion

Bennett v. Wheatley

Supreme Court of Georgia

Decided December 7, 1922No. 3913PublishedCited by 53 opinions

1Opinion of the CourtHines, J.

(After stating the foregoing facts.)

Courts should be slow to declare legislative acts unconstitutional. In cases of doubt, the doubt should be resolved in favor of the constitutional validity of legislation. If a construction can be placed upon a statute which will save it from being declared unconstitutional, it is the duty of the courts to adopt such construction and thus save the act from collision with the organic law. If sections, provisions, sentences, or phrases can be stricken therefrom without destroying the general legislative scheme, courts should strike them and leave the…

2Cases cited79 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  3. Londoner v. City and County of DenverSupreme Court of the United States · 1908
  4. Richmond v. IronsSupreme Court of the United States · 1887
  5. Kennedy v. GibsonSupreme Court of the United States · 1869

74 more not listed; retrieve them via the Exa API.

3Cited by53 opinions

  1. Pippin v. StateSupreme Court of Georgia · 1949
  2. Stegall v. Southwest Ga. Housing AuthoritySupreme Court of Georgia · 1944
  3. Humthlett v. ReevesSupreme Court of Georgia · 1954
  4. Bennett v. GreenSupreme Court of Georgia · 1923
  5. Stegall v. Southwest Georgia Regional Housing AuthoritySupreme Court of Georgia · 1944

48 more not listed; retrieve them via the Exa API.

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