Chappell v. Small

Grice, Justice.

The response made by the tax-commissioner and that of certain other persons who were intervenors raised an issue of fact; and under the Code, §§ 64-107, 64-108, the judge on an inspection of the pleadings would have been compelled to refer the same to a jury, there to be determined as other jury causes are tried, except for the provision of the amendment to paragraph 8 of section 4 of article 6 of the constitution of this State (Ga. L. 1939, p. 78), which in terms provides that ''The judges of said [superior] courts may, on reasonable notice to the parties, at any time, in…