Complete Auto Transit, Inc. v. Floyd

Mobley, Justice.

The plaintiff contends that under the pleadings in this case no constitutional question as to the validity of the statutes involved was properly raised. Since this court’s jurisdiction of the case, which is a suit for damages, depends entirely upon whether a constitutional question is presented for decision, we will first pass upon this question. It is contended that the “elaboration and amendment” of demurrers, filed more than five months after the appearance day, was filed too late. While it is true that special demurrers must be filed on or before the appearance day (Ford…