Supreme Court of Georgia October 15, 1952, 17961 (Coggins v. Edmonds)

Wyatt, Justice.

When the case came on for trial, counsel for the defendant moved that the defense of settlement be tried before any other issue. Counsel for the petitioner objected on the grounds that there was no special plea involved in the case, and that the defendant’s averment as to a settlement was part of his general answer and he could not try it before a special jury.