Putnam v. Sewell

(After stating the foregoing facts.) It is contended that the judge erred in entering up a final order in the case, as the questions involved were mixed questions of law and fact, for which reason, upon a judgment of reversal, the case should have been sent back to be tried again. Deaton v. Taliaferro, 80 Ga. App. 685 (57 S. E. 2d, 215); Smith v. Bragg, 68 Ga. 650; Murphy v. Drum & Bugle Corps, 55 Ga. App. 293 (190 S. E. 67). It was held in Alabama Great Southern Ry. Co. v. Austin, 112 Ga. 61 (37 S. E. 91), that, where issues of fact are involved, the superior court has no authority to render…