Charleston & Western Carolina Railway Co. v. Miller

Miller sued the railway company, and obtained a verdict and judgment in his favor. The case was brought to this court for review, and was sent back for a new trial on the ground that, the court below erred in overruling a demurrer to the plaintiff’s petition. See 113 Ga. 15. Upon the return of the remittitur to the court below, counsel for the railway company moved that it be made the judgment of the trial court, and also moved that an order be passed dismissing the plaintiff’s petition. The plaintiff thereupon offered an amendment to his petition as originally filed, which,' over objection,…