The court erred in denying the motion for a mistrial and in denying the motion for a new trial.
Walter Fay Kinney, by next friend, sued the Sheriff of Habersham County and the surety on his official bond to recover damages for the alleged false imprisonment of the plaintiff, who was eight years of age at the time of the alleged tortious act. The jury found for the defendant, and the plaintiff excepts to the denial of his motion for a new trial.
The court erred in denying the motion to declare a mistrial and in denying the motion for a view trial. Further proceedings were nugatory.