Rutland v. Oliver

1. When this case was here before, this court held that the trial judge erred in overruling the general demurrer to the affidavit of illegality. 48 Ga. App. 326 (172 S. E. 660). On January 29, 1934, and before the remittitur from this court had reached the trial court, the defendant offered an amendment to the affidavit of illegality, and on the same day the court ordered the amendment filed and “allowed subject to objection by plaintiff.” On February 7, 1934, and before the remittitur had arrived at the trial court, the plaintiff filed his objections to the allowance of the amendment, and on…