Bell v. Scarbrough

This case was previously before this court. Scarbrough v. Bell, 66 Ga. App. 320 (17 S. E. 2d, 919). We are not now concerned with the question there determined. The record presents two questions: First, did the court err in allowing the amendent? Second, did the court err in overruling the motion for new trial?

1. It will be noticed that the attack on the original affidavit was made at the return term. The amendment was offered and allowed over objection at the return term. We think, under the facts of this case and the broad provisions of Code § 81-1001, that the court did not err in refusing…