
    Coursey v. Coursey.
    No. 5330.
    November 19, 1926.
    Certiorari. Before Judge Malcolm D. Jones. Bibb superior court. January 28, 1926.
    
      W. A. McClellan and T. A. Jacobs Jr., for plaintiff.
    
      R. D. Feagin, for defendant.
    Habeas Corpus, 29 C. J. p. 195, n. 76 New.
   Hines, J.

1. Where the evidence before the ordinary in'a habeas-corpus proceeding does not demand the judgment rendered by him, the discretion of the judge of the superior court in sustaining a certiorari and granting a first new trial will not be overruled. Bell v. Askins, 150 Ga. 635 (104 S. E. 421) ; Cloud v. Hightower, 152 Ga. 761 (111 S. E. 384).

2. The judgment of the ordinary awarding the children to the father was not demanded by the evidence; and under the rule announced in the first headnote, this court will not.disturb the first grant of a new trial by the judge upon the hearing of a certiorari to review the judgment of the ordinary. ' •' Judgment affirmed.

All the Justices concur.  