8 Ga. App. 540 | Ga. Ct. App. | 1911
Oglesby' & Smith, suing for the use of the Mell Plumbing Company, to whom the account had been transferred, brought an action in the city court of Atlanta against Mrs. Swift for the recovery of the price of labor and material furnished for some plumbing work done in a building on Peachtree street, against which a lien was prayed. There was a verdict for the plaintiffs. Mrs. Swift filed a motion for new trial, which was overruled, and to this action of the court, as well as to the action of the court in striking certain allegations in her plea, she brings error.
Despite the sympathy which we naturally feel for the defendant (for whoever has had to have a job of plumbing done can in a very true sense be said to sympathize with all others who have suffered 'a similar misfortune), and despite the careful examination we have made of the record, we find no sufficient reason for granting a new trial: Judgment affirmed.