Georgia Court of Appeals, 1917

Thompson v. Marietta Trust & Banking Co.

Thompson v. Marietta Trust & Banking Co.
Georgia Court of Appeals · Decided December 14, 1917 · Jenkins
21 Ga. App. 463; 94 S.E. 631; 1917 Ga. App. LEXIS 638

Thompson v. Marietta Trust & Banking Co.

Opinion of the Court

Jenkins, J.

1. The court did not err in allowing the amendment to the plea and answer.

2. This case is here on a direct bill of exceptions in which the only as*464signment of error, other than that disposed of above, is that the court erred in awarding a nonsuit. No proper brief of the evidence is in the bill of exceptions, or made a part of the record; and the case is controlled by the ruling made in Tidwell v. Alabama Great Southern R. Co., 20 Ga. App. 826 (93 S. E. 511). See also Civil Code (1910), §§ 6140, 6141; Crumbley v. Brooke, 135 Ga. 723 (70 S. E. 655); Cunningham v. Strom, 8 Ga. App. 87 (68 S. E. 616).

Decided December 14, 1917.Trover; from Cobb superior court — Judge Searcy presiding. April 24, 1917.. ■ 'A. E. Wilson, J. Z. Foster, for plaintiff. D. W. Blair, for defendant.

Judgment affirmed.

Wade, C. J., and Lulee, J., concur.

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