5 Ga. App. 415 | Ga. Ct. App. | 1909
(After stating the foregoing facts.)
When this case was before this court on the former writ of error, the judgment of the lower court, refusing to grant a new trial, was reversed on one question of law only, and no decision was made against the defendant in error as to the other questions in the record. These questions were, therefore, left open. On the second trial the defendant could rely upon the other defenses set up and not decided by this court, and could amend his answer and set up other defenses to the rule. The allegations of the amendment, if proved, constituted a good defense. There was conflict m the evidence as to the truth of the issue made by the traverse to the amended answer, but the court settled this conflict in favor of the defendant, and this court will not disturb the finding.
Judgment affirmed.