Hudson v. Driver

78 S.E. 1013, 13 Ga. App. 174, 1913 Ga. App. LEXIS 90
Court of Appeals of Georgia·Decided August 12, 1913·No. 4579·Published

Opinion

Russell, J.

In this case error is assigned upon the judgment of the trial court in granting a new trial to the defendant. It is the first grant of a new trial; and since a verdict in favor of the plaintiff was not demanded by the evidence, the discretion of the trial judge will not be controlled. The first grant of a new trial will not be disturbed unless both the law and the facts require the verdict. Civil Code, § 6204; Wright v. Garland, 137 Ga. 30 (72 S. E. 399); Zorn v. Upson Banking & Trust Co., 137 Ga. 464 (73 S. E. 652). Judgment affirmed.

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Hudson v. Driver, 78 S.E. 1013, 13 Ga. App. 174, 1913 Ga. App. LEXIS 90 (Ga. Ct. App. 1913).

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Related

Wright v. Garland
72 S.E. 399 (Supreme Court of Georgia, 1911)
Zorn v. Upson Banking & Trust Co.
73 S.E. 652 (Supreme Court of Georgia, 1912)