McConnell v. Cherokee National Bank

Broyles, J.,

dissenting. I' agree, of course, with my colleagues as to the general principles of law enunciated in the foregoing decision. The facts of this ease, however, clearly distinguish it from the case of Lucas v. Castelow, 8 Ga. App. 812, and the other cases cited in the decision, and I do not think that the trial judge erred in rejecting the proffered amendment to the affidavit of illegality, for the reason that the plea as amended set up no legal defense to the plaintiff’s suit.