Lee v. Holman

Jenkins, Justice.

Where the record discloses that the plaintiff in the trial court failed to object to the allowance of an amendment to an original plea or answer, setting up new facts without attaching the affidavit required by the Code, § 81-1310, on the ground that such affidavit was omitted, he will be deemed to have waived any objection on that ground, and can not raise it on a writ of error. Edwards v. Boyd, 136 Ga. 733, 738 (72 S. E. 34); Jackson v. Jackson, 150 Ga. 544, 556 (104 S. E. 236); Terrell County v. Dawson, 172 Ga. 403 (2) (158 S. E. 47). But where, as in this case, "the…