Wrenn v. Atlanta Trust Co.

Atkinson, Presiding Justice.

The exception is to a judgment of the superior court refusing a motion to retax costs. The fundamental question is Avhether the case in the trial court Avas one in equity or at common laAV. A secondary question is Avhether there Avas an abuse of discretion *664in apportionment of costs. Other branches of the same case involving similar questions were decided by this court adversely to the plaintiff in error. Hicks v. Atlanta Trust Co., 187 Ga. 314 (200 S. E. 301), and Hicks v. Atlanta Trust Co., 187 Ga. 623 (1 S. E. 2d, 669). Held:

No. 12604. March 8, 1939. E. L.…