Caraway v. Smith ( 1859 )

By the Court.

Benning, J.,

delivering the opinion.

1. There can be no doubt that the charge was right. Childers vs. Childers, 21 Ga. 377.

2. This decides all the questions in the case except one the plaintiff’s examination of defendant in fi. fa. as a witness. This the plaintiff' did without objection from the claimant, until after the verdict. The objection was then too late ; the claimant had waived it.

Judgment affirmed.