Hawkins v. Benton Rapid Express Inc.

(After stating the foregoing facts.) It is contended -by the first ground of the amended motion for a new trial that the plaintiff is entitled to a new trial as against the codefendant, J. W. Smallwood, because the case as to the latter was in default at the time of the trial and the court correctly charged the jury to this effect; that as a matter of fact the trial court has granted her a new trial as to Smallwood and, this being so, she is entitled' as a matter of law to a new trial as to the other defendants. To this effect counsel cite Irwin v. Riley, 68 Ga. 605; Gilstrap v. Leith, 24 Ga.…