Macon & Birmingham Railway Co. v. Walton

Suit was instituted by Walton against the Macon and Birmingham Railway Company, in a justice’s court. After judgment for the plaintiff the defendant entered an appeal to the superior court. Upon the call of the case in that court, and before answering or pleading to the merits, the defendant filed a demurfer to the summons. This demurrer was overruled, and the defendant excepted pendente lite. The jury found in favor of the plaintiff, and the defendant moved for a new trial *276The motion was overruled, and the defendant excepted, assigning error on the refusal to grant a new trial and upon the…