Barton v. Watkins Co.

Béoxbes, C. J.

1. “The recitals of fact in an affidavit of illegality must be taken as true, unless written traverse or joinder of issue be filed. *302If, however, the affiant goes to trial before a jur.y without distinctly objecting' on the ground that'no such traverse or joinder of issue fias been filed, he will be estopped thereafter from raising the objection.” McLeod v. Bird, 14 Ga. App. ,77 (I), 78 (80 S. E. 207), and citation. Under this ruling and the facts of the instant case, the plaintiff in error must be held to have waived the written traverse or joinder -of ■issue.

Decided December 5,…