Earney v. Owen

Candler, Justice.

(After stating the foregoing facts). Code § 85-1609 provides that when an adjoining landowner, who is dissatisfied with the return of land processioners, files his protest thereto with the ordinary, and the proceeding is transmitted to the superior court, the case is to be docketed and tried in the “same manner and under the same rules as other cases.” The protest, like any other defensive pleading, may be amended at any stage of the cause. Watson v. Bishop, 69 Ga. 51 (2); Rattaree v. Morrow, 71 Ga. 528 (2b). And the issue on the trial of a protest to the processioners’…