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SIMPSON v. BRAND

40111, 40112.

108 Ga. App. 393 (1963)

133 S.E.2d 393

SIMPSON et al. v. BRAND; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied September 30, 1963.

Attorney(s) appearing for the Case

Woodruff, Savell, Lane & Williams, Edward L. Savell, for plaintiffs in error.

G. Seals Aiken, Andrew A. Baumstark, contra.

FELTON, Chief Judge.

1. The court abused its discretion in granting a second new trial on the general grounds. Plaintiffs in error contend that the trial court is wholly without discretion to grant a second new trial on the general grounds. We do not agree with this contention. The ruling of the Supreme Court in Mills v. State, 188 Ga. 616 (4 S.E.2d 453) settles the question. The court ruled that the trial court has less discretion on a second grant on the...

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