TRI-STATE AUGUSTA, INC. v. WOODWARD LUMBER COMPANY

34787.

88 Ga. App. 748 (1953)

77 S.E.2d 769

TRI-STATE AUGUSTA, INC. v. WOODWARD LUMBER COMPANY.

Court of Appeals of Georgia.

Decided September 19, 1953.


Attorney(s) appearing for the Case

Sanders, Thurmond & Hester, for plaintiff in error.

Claud R. Caldwell, contra.


TOWNSEND, J.

1. The first grant of a new trial is in the discretion of the trial court, and such discretion is not abused unless the law and facts require the verdict notwithstanding such judgment. Code § 6-1608; Reese v. Baker, 197 Ga. 265 (2) (29 S.E.2d 412).

2. Where, as here, the sole assignment of error in the bill of exceptions is the judgment of the trial judge granting a first new trial, in favor of the defendant, on a motion containing...

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