West v. Frick Co.

Russell, Chief 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. 73).

2. The question whether an act of the General Assembly is constitutional or unconstitutional must be determined by an examination of the record; and the pleadings must disclose that the point, if raised in the trial court, was presented in the manner prescribed by law. The fact that the…