
    4534.
    McCrary v. Henry.
    Decided December 17, 1912.
    Rehearing denied Pebruary 25, 1913:
    Certiorari; from Fulton superior court—Judge Bell. September 23, 1912.
    
      Morris Machs, 'for plaintiff in error.
    
      O. B. Rosser Jr., contra.
   Pottle, J.

The suit being against a person alleged to have been doing business under a specified trade name, and the evidence being undisputed that he was hot engaged in business under such trade name, and that he was hot individually liable in the suit, a verdict in favor of the plaintiff was unauthorized, and the court properly sustained a certiorari sued out by the defendant. • ' Judgment affirmed.  