
    Henson, executor, et al. v. Merritt.
    No. 13835.
    November 13, 1941.
    P. Q. Bryan, for plaintiffs in error. Hoyt H. Whelchel, contra.
   Reid, Chief Justice.

This is an equity case, wherein the judge submitted special questions to the jury, as provided for in the Code, § 37-1104. The jury returned a verdict thereon, and the defendant filed a motion for new trial. Thereafter the plaintiff offered an amendment to his petition, which was allowed, and a decree was entered in Ms favor. The defendant brought the case to this court, assigning error simply on the overruling of his motion for new trial, and on the overruling of his dedefendant brought the case to this court, assigning error simply on the final decree, the writ of error must be dismissed. McGowan v. Lufburrow, 81 Ga. 358 (7 S. E. 314) ; Lingo v. Rich, 169 Ga. 628 (151 S. E. 387). Writ of error dismissed.

All the Justices concur.  