Milam v. Gray

(After stating the foregoing facts.) In ground two of the amended motion for a new trial it is contended by the defendant that the court erred in charging the jury that “the plaintiff sets up in his petition” certain facts which appeared from the evidence of the case rather than in the body of the pleadings, and that he included in his recital the following: “that it subsequently developed that there was a mortgage on the car of the defendant, the mortgage on the car was foreclosed and the car seized.” This charge is objected to on the ground that the recital of the transaction does not…