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CHAPPELL v. CLEGG

37175.

97 Ga. App. 752 (1958)

104 S.E.2d 541

CHAPPELL v. CLEGG.

Court of Appeals of Georgia.

Decided June 23, 1958.

Attorney(s) appearing for the Case

Kermit C. Bradford, for plaintiff in error.

Shirley C. Boykin, contra.

TOWNSEND, Judge.

Code § 6-1608 provides: "The first grant of a new trial shall not be disturbed by the appellate court, unless the plaintiff in error shall show that the judge abused his discretion in granting it, and that the law and facts require the verdict notwithstanding the judgment of the presiding judge." It is never an abuse of discretion to grant a new trial where the evidence is in conflict. Awbrey v. Foster, 138 Ga. 94

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