36 Ga. App. 816 | Ga. Ct. App. | 1927
1. In this proceeding to eject an intruder, under the Civil Code (1910), § 5380, the court allowed the counter-affidavit to be amended. The only exception to this ruling is contained in the plaintiff’s motion for a new trial. A ruling allowing an amendment to the pleadings can not be made a ground of the motion for a new trial. Simmons v. Lanford, 21 Ga. App. 686 (94 S. E. 907).
2. The amendment was to allow the insertion of- the word “legal” between the words “the” and “right,” as they appeared in the counter-affidavit.
3. The court did not err in admitting in evidence a written agreement between the alleged owner of the premises and the defendant’s son, showing that the son was in possession of the premises as tenant of such alleged owner, the evidence showing, without dispute, that the defendant was occupying the premises solely in right of her son, as a member of his family. This agreement at least illustrated the defendant’s good faith, such being the only issue for determination in a case of this sort. And there being no evidence to show that the defendant did not enter and remain upon the land honestly and in good faith, the court properly directed the verdict in her favor. See Bagley v. Stephens, 78 Ga. 304 (2 S. E. 545); Lane v. Williams, 114 Ga. 124 (39 S. E. 919); Foreman v. Pelham, 8 Ga. App. 822 (70 S. E. 158); Sheats v. Blair, 7 Ga. App. 272 (66 S. E. 812). There was no error in refusing a new trial.
Judgment affirmed.