Hamby v. Hamby, 99 Ga. App. 808 ( 110 S.E.2d 133). The case next appeared before this court upon exceptions to the trial court's sustaining the defendant's general demurrer and oral motion to dismiss the petition, which judgment was reversed in Hamby v. Hamby, 101 Ga. App. 681 ( 115 S.E.2d 411). The case was retried at the August term 1960 of the Superior Court of Murray County, Georgia. The plaintiff having called the defendant for cross-examination, the defendant's counsel questioned the defendant on material issues in the case while he was on the stand, but offered no other evidence.

This is the fourth appearance of this case before this court. See Hamby v. Hamby, 99 Ga. App. 808 ( 110 S.E.2d 133); 101 Ga. App. 681 ( 115 S.E.2d 411); and 103 Ga. App. 826 ( 121 S.E.2d 169). On the first appearance it was held that the evidence demanded a verdict for the defendant and that the trial court erred in overruling his motion for new trial on the usual general grounds. On the second appearance the judgment sustaining the defendant's general demurrer to the petition was reversed.