GARDNER, J.
1. (a) It will be noted that the court in dismissing the affidavit of illegality took notice of the facts of the case as shown by the record and as to what took place in its presence. The trial judge is authorized to do this. Woodruff v. Balkcom, 205 Ga. 445 (53 S.E.2d 680). The Code, § 37-901, provides: "The superior courts, on the trial of any civil case, shall give effect to all the rights of the parties, legal or equitable, or both...
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