Brady v. Smotherman

The authorities have been *487well and exhaustively presented in the majority opinion, in which judgment I concur. The only reason I feel constrained to add anything to what has been there said is that I believe the ruling in Shaw v. Walker, 25 Ga. App. 642 (supra), should either bé more fully distinguished, or else be overruled. Precedents as made by decisions being for guidance in the conduct of subsequent trials, we should be ever ready to set our own house in order, so that no trial court may be in doubt as to what rule the appellate court has adopted.

Whatever might be the distinction…