Opinion
19116.
ARGUED OCTOBER 10, 1955.
DECIDED JANUARY 9, 1956. REHEARING DENIED FEBRUARY 16, 1956.
Partition. Before Judge Kelley. Hall Superior Court. July 25, 1955.
Johnson Johnson, Hammond Johnson, for plaintiff in error.
Telford, Wayne Smith, contra.
1. The rulings of this court on the former appearance of the present case, whether right or wrong, have become the law of the case.
2. The amendment filed subsequently to the former judgment is insufficient to meet the deficiency in the defendant's pleadings under the former rulings in the cause, and the court did not err in striking the answer on motion, or in thereafter directing a verdict for the plaintiff.
Judgment affirmed. All the Justices concur.
ARGUED OCTOBER 10, 1955 — DECIDED JANUARY 9, 1956 — REHEARING DENIED FEBRUARY 16, 1956.
On the former appearance of the present case in this court ( Payne v. Jones, 211 Ga. 322, 327, 86 S.E.2d 3), it was held that "There is nothing in the pleadings of the defendant, or in the evidence, upon which a court of equity might base a decision that the alleged contract between the husband and wife was fair, just, and equitable, and one that in good conscience should be performed (if otherwise lawfully authorized)."
After the return of the remittitur, the defendant filed another amendment which in substance contained the same allegations of an amendment offered and allowed prior to the former judgment. In the last amendment, it is alleged that "the property of defendant described in said paragraph two of this amendment being improved property, and of a greater value than the property obtained by this defendant under said agreement, and said contract of exchange of property between defendant and his said wife, Blannie Cochran Payne being fair, just, and equitable."
On motion of counsel for the plaintiff, the executrix of the wife, the answer as amended was stricken, and after the introduction of evidence by the plaintiff, the court directed a verdict for the plaintiff for the partitioning of the lands described. To the judgment striking his answer as amended, and to the verdict directed for the plaintiff, the defendant excepts.