Crew v. Hutcheson

Cobb, J.,

speaking for himself and Mr. Justice Fish. We concur in the conclusions stated in the first and second headnotes, but we can not agree to the proposition laid down in the third headnote, and we therefore are constrained to dissent from the judgment rendered in the case. We do not desire to add anything to what has been said by Mr. Justice Little in support of the proposition laid down in the first headnote, but will state the reasons why we concur in the ruling made in the second headnote and dissent from that contained in the third headnote. The case of Duke v. Brown, 113 Ga. 310,…