
    Mooney v. Tarver.
    Argued January 28,
    Decided March 1, 1898.
   Fish, J.

As the evidence presented issues of fact which should have been passed upon by the jury, and not determined by the presiding judge-, it. was error to direct a verdict.

Judgment reversed.

All the Justices concurring.

Levy and claim. Before Judge Spence. Dougherty superior court. April term, 1897.

D. II. Pope, for plaintiff.

Wooten & Wooten, W. T. Jones and J. W. Walters, contra.  