Opinion
31124.
DECIDED JANUARY 31, 1946.
Dispossessory warrant; from Fulton civil court — Judge Bell. October 22, 1945.
R. B. Pullen, John G. Slappey, for plaintiff in error.
Claud F. Brackett, Paul L. Lindsay Jr., contra.
Where a motion for new trial was made in the civil court of Fulton County, which was heard during a subsequent term, the trial term was continued as to that case only as to such matters as might properly have been the subject-matter of the motion for new trial; and the court was without jurisdiction at a term subsequent to the trial term to vacate its judgment overruling a motion to strike the defendant's counter-affidavit to a dispossessory warrant as amended, and it was error, after a new trial had been granted, to strike the counter-affidavit as amended. Scarborough v. Bell, 193 Ga. 255 ( 17 S.E.2d 732), Scarborough v. Bell, 66 Ga. App. 320 ( 17 S.E.2d 919), and Owens v. Cocroft, 14 Ga. App. 322 ( 80 S.E. 906).
The appellate division of the civil court of Fulton County erred in affirming the judgment of the trial court which struck the counter-affidavit as amended.
Judgment reversed. Sutton, P. J., and Parker, J., concur.