
    5847.
    Drake v. Lewis.
    Decided June 3, 1915.
    Complaint; from city court of Bainbridge — Judge Spooner. June 25, 1914.
    
      B. G. Hartsfield, for plaintiff in error.
    
      A. B. Conger, contra.
   Eussell, C. J.

1. The ruling in this ease is controlled by the decision in Drake v. Lewis, 13 Ga. App. 276, 280 (79 S. E. 167). The suit was upon a note, and the defense was predicated upon an alleged tort. See also Lee v. Harris, 88 Ga. 236 (14 S. E. 566); L. & N. Railroad Co. v. Spinks, 104 Ga. 696 (30 S. E. 968).

2. The court did not err in sustaining the motion to strike the answer of the defendant. Judgment affirmed.  