Manning v. Carroll

Wyatt, Justice.

1. The subject-matter of this litigation was involved in Rucker v. Upshaw, 199 Ga. 529 (34 S. E. 2d, 602). The instant case was before the court in Manning v. Carroll, 204 Ga. 100 (48 S. E. 2d, 737). A full statement of facts will be found in these two cases and will not be stated again here. The exception now before the court is to a judgment overruling a motion for new trial as amended, filed by the defendant in the court below.

2. The first, second, and third grounds of the motion for new trial complain because the trial court, over objection, admitted in evidence testimony…