
    Louisville Coffin Company v. Rhudy.
    Argued March 17, —
    Decided April 11, 1900.
    Complaint. Before Judge Henry.' Floyd superior court. June 9, 1899.
    
      Henry Walker, for plaintiff.
    
      George A. H. Harris & Son, for defendant.
   Lumpkin, P. J.

1. A judgment overruling a demurrer to an answer, unless excepted to and reversed, concludes the plaintiff as to the legal sufficiency of theanswer; andif the samegoes to the wholeof the plaintiff’s demand and is duly supported by evidence, a complete defense is established.

2. Applying this rule to the evidence appearing in the record, the court did not err in directing a verdict in favor of the defendant.

3. No material error of law was committed by the court below, and the newly discovered evidence presents no cause for a neiy trial.

Judgment affirmed.

All the Justices concurring.  