Western & Atlantic Railroad v. Michael

1. In answer to the first question as propounded by the Court of Appeals, all of the Justices agree that a constitutional *566question is properly and sufficiently raised if considered without reference to the stage of the proceedings at which it was offered. Russell, C. J., and Atkinson and Hines, JJ., are of the opinion that the question was raised at the proper stage of the proceedings to require the reviewing court to consider it on its merits. Beck, P. J., and Hill and Gilbert, JJ., are of the opinion that while standing alone the constitutional question was properly and sufficiently made,…