STERLING MOTOR FREIGHT COMPANY, INC. v. Wendt

Deen, Chief Judge.

The only record extant in this case, other than pleadings and court orders, is certain affidavits relating to the grounds of the motion for new trial, following a specially set trial in which there was no appearance by the defendant. We are compelled to say, as Judge Powell did in White v. City of Tifton, 1 Ga. App. 569 (57 SE 1038) (1907): “The law as it is written compels us in this case to arrive at a conclusion that shocks our sense of justice; but judges have the power only to declare the law, not to make it or amend it.” The defendant appellant, through its president…