63 Ga. 752 | Ga. | 1879
This case came before the court belo-w on exceptions filed to an award of arbitrators under the provision of the 4243d section of the Code. On the hearing of the exceptions and a demurrer thereto, the court rendered the following judgment: “An award having been made in this case and exceptions filed thereto, and counsel for defendant haviug filed his demurrer to said exceptions, it is ordered that the demurrer be sustained to all the exceptions except the fourth, to-wit: newly discovered evidence as supported by the affidavit of E. G. Roane, and that the case be sent back to said referees for a new trial, the same to be had anew, and that both parties have at least ten days’ notice of the time and place of hearing, with leave to- hear any competent evidence on the whole case.” To-which judgment both parties excepted.
Let the judgment of the court below be reversed, with directions as hereinbefore indicated.