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WARREN v. MANN

43670.

117 Ga. App. 787 (1968)

161 S.E.2d 894

WARREN et al. v. MANN et al.

Court of Appeals of Georgia.

Decided May 17, 1968.

Attorney(s) appearing for the Case

Bullock, Yancey & Mitchell, Kyle Yancey, for appellants.

Heyman & Sizemore, Thomas Henry Nickerson, for appellees.

JORDAN, Presiding Judge.

1. In a civil case a trial judge may in his discretion grant a new trial without a transcript of the evidence and proceedings, either on motion of a party or ex mero motu. Ga. L. 1965, pp. 18; 30; Code Ann. § 70-301. Absent a contrary showing this court will presume that he did consider the evidence in granting a motion on grounds requiring such consideration. See A. M. Kidder & Co. v. Clement A. Evans & Co.,

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