13 Ga. App. 518 | Ga. Ct. App. | 1913
1. The direction given to this ease by the trial judge secured substantial justice, and the judgment will not be reversed in order that the same result may be more technically reached by regular procedure at a later stage in the trial.
2. Under the undisputed evidence trover was not available to the plaintiff as a remedy to settle the matters in dispute between the members of a partnership composed of the plaintiff and the defendant. The testimony showed that title to the property sought to be recovered was in the partnership, and that the plaintiff’s interest therein could not be determined