Where a motion for new trial was made in the civil court of Fulton County, which was heard during a subsequent term, the trial term was continued as to that case only as to such matters as might properly have been the subject-matter of the motion for new trial; and the court was without jurisdiction at a term subsequent to the trial term to vacate its judgment overruling a motion to strike the defendant's counter-affidavit to a dispossessory warrant as amended, and it was error, after a new trial had been granted, to strike the counter-affidavit as amended. Scarborough v. Bell,
The appellate division of the civil court of Fulton County erred in affirming the judgment of the trial court which struck the counter-affidavit as amended.
Judgment reversed. Sutton, P. J., and Parker, J.,concur.