explaining, as an example of a statute that was clearly unconstitutional on its face, one that attempted to establish an inferior court without following the process mandated in Article 6, Sections 1 and 4 of the Tennessee Constitution.
How later courts described this case
- explaining, as an example of a statute that was clearly unconstitutional on its face, one that attempted to establish an inferior court without following the process mandated in Article 6, Sections 1 and 4 of the Tennessee Constitution.
- “We do not have any sympathy for the practice of raising constitutional questions for the first time on appeal, unless a statute is so obviously unconstitutional on its face as to obviate the necessity for any discussion.”
- “We do not have any sympathy for the practice of raising constitutional questions for the first time on appeal . . . .”
Written by the judges who cited it.
The opinion
On Petition to Rehear
Swepston, Justice.
Tbe petition to rehear filed in behalf of Carter County, et al., is respectfully overruled, as it presents no new matter of law or fact that was overlooked or not considered when the original opinion was prepared.