HEAD, Justice.
The sole question submitted to the jury was on the special plea of the defendant which raised the issue that there was no partnership as claimed by the plaintiff. The jury found in favor of the special plea. In Gilbert Hotel No. 22 v. Black, 192 Ga. 641, 643 (16 S.E.2d 435), it was said that this court has uniformly held that, for the purpose of testing jurisdiction, a case must be appraised in the character it bore at the time the issues...
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