Swinson v. Jones

This case was transferred to this court by the Supreme Court. Swinson v. Jones, 198 Ga. 327 (31 S. E. 2d, 592). M. Ii. Jones recovered a money judgment against E. E. Swinson for timber unlawfully cut in 1935. Swinson’s motion for a new trial was overruled and he excepted.

The court erred in overruling the motion for a new trial for the reason that the undisputed evidence shows that, at the time of the filing of the present action (October 28, 1938), the right of action was in Mrs. Nannie C. Jones, and not in M. II. Jones. M. H. Jones testified that his mother, Mrs. Nannie C. Jones, owned the…