133 Ga. 153 | Ga. | 1909
Tankersley sued the Central of Georgia Railway Company to recover damages on account of a personal injury. The defendant denied liability, and also pleaded a release. No reference was made in plaintiff’s petition to such release from liability. On the trial the defendant introduced a written agreement. The plaintiff introduced evidence tending to show that it was procured by fraud, and that he had tendered to the defendant the sum of money which had been paid to him at the time when it was made. No request appears to have been made for the court to require further pleading of the plaintiff on this subject. After verdict for the plaintiff a motion for a new trial was made and overruled, and the defendant excepted.
What is commonly known as the judiciary act of 1799 sought to simplify the pleadings formerly existing under the English prac
Judgment a'fflrmed.