Daniels v. Sanders

Nichols, Presiding Judge.

1. Both motions, though given different names by the defendant, were in effect extraordinary motions for new trial (see Union Life Ins. Co. v. Aaronson, 109 Ga. App. 384 (136 SE2d 142)), and were based on the same grounds, to wit: The lack of competent counsel representing the defendant and the insufficiency of the pleadings to authorize the verdict and judgment.

“In the leading case of Artope v. Goodall, 53 Ga. 318, 324, it was said: ‘It has often been held by this court, that if proof goes to the jury without objection, which would show a right in the party offering…