Clay v. Smith

At the October term, 1895, this court affirmed a judgment of the trial court overruling a demurrer to the plaintiff’s petition. See 97 Ga. 782. Subsequently Clay, who was a claimant of the fund in the hands of the sheriff, was made a party, and the case proceeded to a trial on the merits, resulting in a verdict in favor of Smith, the other claimant. Clay made a motion for a new trial, which was overruled, and he excepted.

*1901. In the fourth, which is the only special, ground of this motion, a portion of the charge of the court is in general terms alleged to be erroneous. Without setting forth…