Smoot v. Alexander

Duckworth, Justice.

This is the second appearance of this case in this court. Smoot v. Alexander, 188 Ga. 203 (3 S. E. 2d, 593). On the first appearance the propounder of the will excepted to a judgment overruling his motion for a new trial, based upon general and special grounds. This court sustained a special ground of the motion based upon the illegal admission of certain testimony, .and reversed the judgment, but sustained the judge on the other special grounds of the motion. Bpon the retrial of the case the jury again returned a verdict in favor of the caveat. The case is now in this…