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James A. Sample, in error v. Cary & Stanford, in error
By the Court.
Benning, J.
delivering the opinion.
[1.] The question is, was it the right of the appellant to save his appeal by filing such an affidavit as that which he proposed to file.
We think it was. We have so decided in two cases— Burkhalter vs. Bullock, (18 Ga. 371,). and another since, the name of which I forget.
We, therefore, reverse the decision of the Court below.