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Lawskills.com Georgia Caselaw
BENNETT v. OVERBY.
40029.
BELL, Judge.
Action for damages. Fulton Civil Court. Before Judge Parker.
"The first grant of a 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, 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 trial court." Code Ann. 6-1608 (Ga. L. 1959, pp. 353, 354); Cox v. Independent Life &c. Ins. Co., 101 Ga. App. 211, 216 (113 SE2d 228).
The trial judge did not abuse his discretion in granting the new trial. A verdict is not demanded as a matter of law for either party. Judgment of the trial court granting the motion for new trial on the general grounds is
E. B. Judge, contra.
Rose & Lappas, Frank P. Lappas, for plaintiff in error.
DECIDED MARCH 12, 1963.
Friday May 22 22:07 EDT


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