Bray v. Comer Mercantile Co.

-(After stating the foregoing facts.) The only point insisted upon in the brief of counsel for the plaintiff in error is the alleged error in striking paragraph 5 of the plea. The special ground of the motion for a new trial complaining of the striking of this paragraph cannot be considered, since “a ruling of the court in striking a plea cannot be made the ground of a motion for a new trial.” Wilkinson v. State, 18 Ga. App. 330 (1) (89 S. E. 460), and eases cited. However, exceptions pendente lite having been filed to the striking of this paragraph, the question is properly raised by an…