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MITCHELL v. WALLER

33233.

83 Ga. App. 7 (1950)

62 S.E.2d 383

MITCHELL et al. v. WALLER.

Court of Appeals of Georgia.

Rehearing Denied December 12, 1950.

Attorney(s) appearing for the Case

George & Dan Mitchell, Noah J. Stone, for plaintiffs in error.

David Gershon, contra.

GARDNER, J.

While it is true that, as a general rule, the first grant of a new trial in a case will not be disturbed by this court unless the verdict and judgment rendered were absolutely demanded by the evidence and under the law (see Connally Realty Co. v. Nally, 38 Ga.App. 292, 143 S. E. 786, and Stone v. Elder, 42 Ga.App. 508, 156 S. E. 475), there is no substantial conflict as to the material...

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