149 Ga. 519 | Ga. | 1919
This case comes on writ of certiorari from the Court of Appeals. On October 1, 1917, by appropriate order, the Chief Judge of the Court of Appeals divided that court into two divisions and designated Presiding Judge Broyles and Judges Bloodworth and Harwell to constitute the second division. This case was argued before the second division 'as thus designated, all three of the Judges being present. After the argument, but before the decision of the case, Judge Harwell’s term of office expired, and he was succeeded by Judge Stephens, who was assigned to the second division in lieu of Judge Harwell: Thereafter the ease was decided, Judges Broyles and Bloodworth concurring in a judgment of affirmance, Judge Stephens not participating. A motion for rehearing was made, in which the legality of the judgment of affirmance was called in question. The grounds upon which the motion for rehearing was based are substantially the same as those
Judgment reversed.