“The refusal of the judge to dismiss the case upon the ground that the petition was defective can not properly be made a subject for the assignment of error in a motion for new trial.”, Taylor v. Globe Refinery Company, 127 Ga. 138 (56 S. E. 292). As the plaintiff in error expressly abandoned the other grounds of the motion for new trial, the judgment must be Affirmed.
All the Justices concur.