Mayor of Cartersville v. Maguire

Bleckley, Chief Justice.

The declaration was filed June 2, 1881. A copy of it appears in Maguire v. Mayor, etc. of Cartersville, 76 *175Ga. 84. The decision then, made was upon demurrer, and it was held that a cause of action was alleged. That decision is the law of this case, whether erroneous or not, and the main question for determination now is whether the material facts embraced in the declaration were sufficiently proved at the trial .to warrant the jury in finding a verdict for damages in favor of the plaintiff.

1. Before we get to that question, however, we have to dispose of two others,…