SEABOLT v. LEWIS

17386.

207 Ga. 691 (1951)

63 S.E.2d 894

SEABOLT v. LEWIS et al.

Supreme Court of Georgia.

March 12, 1951.


Attorney(s) appearing for the Case

Wheeler, Robinson & Thurmond, for plaintiff in error.

G. Fred Kelley and C. H. Edwards, contra.


ATKINSON, Presiding Justice.

This being the first grant of a new trial, in a suit between coterminous landowners to enjoin the cutting of timber, where the evidence was in conflict as to the location of the dividing line, the evidence did not demand a finding in favor of the defendant; and, accordingly, it cannot be held as a matter of law that the judge abused his discretion in granting a new trial, after having directed a verdict in favor of the defendant. Code...

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