McCoy v. Johnson

This case has previously been before the Supreme Court. McCoy v. Johnson, 153 Ga. 556 (112 S. E. 898). The exception in the case then decided was to the overruling of the general demurrer to the petition. This court held that the petition set out a cause of action, and that the demurrer was properly overruled. That decision fixed the law of the case on that question, as the case then stood. After the remittitur was filed in the trial court the case was referred to an auditor. After a hearing the auditor filed his report. The defendant, McCoy, moved to recommit the case to the auditor upon the…