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O'ROURKE v. O'ROURKE

No. 19641.

52 So.2d 606 (1951)

O'ROURKE v. O'ROURKE et al.

Court of Appeal of Louisiana, Orleans.

May 21, 1951.

Attorney(s) appearing for the Case

Kullman & Lang and Seme S. Klegar, New Orleans, for plaintiff and appellant.

W. Blair Lancaster, Jr., and Prowell & Viosca, New Orleans, for defendant and appellee Dr. C. Grenes Cole.

PER CURIAM.

Dr. C. Grenes Cole, one of the defendants herein, has filed an application for a rehearing, wherein he contends that Act No. 303 of 1944 is unconstitutional. The plea of the unconstitutionality of the statute was neither raised in nor passed upon by the lower court, and under the well established jurisprudence the question of the constitutionality of a statute cannot be considered when raised for the first time...

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