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BENNETT v. OVERBY

40029.

107 Ga. App. 477 (1963)

130 S.E.2d 511

BENNETT v. OVERBY.

Court of Appeals of Georgia.

Decided March 12, 1963.

Attorney(s) appearing for the Case

Rose & Lappas, Frank P. Lappas, for plaintiff in error.

E. B. Judge, contra.

BELL, Judge.

The bill of exceptions states that the trial judge "passed an order sustaining said motion for new trial on general grounds." The order of the trial judge granting the new trial showed conclusively that the grant was "based on the general grounds."

"The first grant of new trial shall not be disturbed by the appellate court if said new trial is granted in the discretion of the judge on general grounds...

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