
    ALLEY v. WIKLE.
    May 11, 1896. Argued at the last term.
    Exceptions to auditor’s report. Before H. H. Dean, judge pro hae vice. Rabun superior court. February term, 1895.
    
      W. T. Crane, for plaintiff.
    
      J. W. H. Underwood, for defendant.
   Simmons, C. J.

The legal questions presented are of no material or controlling weight, and the case really depended upon the evidence. This being so, and the testimony being decidedly conflicting, this court will not overrule the judgment rendered by the trial judge, who, by consent, tried the case without the intervention of a jury. Judgment affirmed.  