Ramsay v. Sims

Head, Justice.

Counsel for the defendants in error have strongly insisted by brief and in oral argument that the present case is controlled by the rulings of this court in Berry v. Berry, 208 Ga. 285 (66 S. E. 2d, 336). Counsel for the plaintiffs in error have by brief argued that the Berry case is not controlling, since it is readily distinguishable upon its facts. In oral argument counsel for the plaintiffs in error insisted that the court should overrule, or decline to follow, the Berry case, even if in point on its facts, it being contended that the decision in the Berry case is not sound…