120 Ga. 614 | Ga. | 1904
Chambliss instituted a proceeding to foreclose a sawmillmanss lien. The defendant filed a counter-affidavit, and
The foregoing disposes of all of the assignments of error which require any extended discussion. The affidavit and execution should not have been admitted in evidence. They are merely pleading. If any entries on either were material to any issue in the ease, the judge should have simply called the attention of the jury to such entries. The defendant should have been permitted to explain the circumstances under which he made partial payments on the claim of plaintiff, for the jury to consider in determining whether the fact of such payments would be construed as an