Hunter v. Jones

1. In this proceeding to eject an intruder, under the Civil Code (1910), § 5380, the court allowed the counter-affidavit to be amended. The only exception to this ruling is contained in the plaintiff’s motion for a new trial. A ruling allowing an amendment to the pleadings can not be made a ground of the motion for a new trial. Simmons v. Lanford, 21 Ga. App. 686 (94 S. E. 907).

2. The amendment was to allow the insertion of- the word “legal” between the words “the” and “right,” as they appeared in the counter-affidavit. *817No motion to continue tlie case was made on tlie ground of surprise (as…