
    Cook v. Childers.
    1. By arguing the motion for a new trial, without moving to dismiss the same for failure to file a brief of evidence in due time, the respondent in the motion waived this matter of objection, and consequently it is not good as a ground of exception to the judgment granting a new trial.
    2. The general rule touching the first grant of a new trial applies to this case.
    April 16, 1894.
    Argued at the last term.
    Trover. Before Judge Gamble. Macon superior court. November term, 1892.
    J. W. Haygood and S. A. Reid, for plaintiff in error. E. E. Hinton, J. A. Hixon and E. H. Cutts, contra.
    
   Judgment affirmed.  