FOSTER, Circuit Judge.
Appellee, E. Y. Wimbish brought two suits against J. E. Dyal, appellant. Designating the suits by the numbers they took in the district court, No. 20 was to recover damages for assault and battery and No. 21 was for damages for breach of contract to rent a tobacco warehouse in the town of Baxley, Ga. The cases were tried together by the same jury but were not consolidated and separate verdicts were rendered, $2,000 in No. 20 and $3,000 in No...
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