Wills v. Young

Russell, O. J.

1. Since the third paragraph of the defendant’s answer attempted to set off an alleged right of action ex delicto against the plaintiff’s action, which was a proceeding ex contractu, it was properly-stricken upon demurrer.

2. Rulings upon a demurrer are not proper subject-matter for a ground of a motion for a new trial. Mayor &c. of Dublin v. Dudley, 2 Ga. App. 762 (59 S. E. 84), and cases cited.

3. “What purports to be a brief of evidence in this case, being extensively interspersed with statements and arguments of counsel, and colloquies between counsel and the court, and also…