
    12913, 12963.
    Izlar v. Western Union Telegraph Company; and vice versa.
    
    Decided July 24, 1922.
    Certiorari; from Bibb superior court — Judge Mathews. August 13, 1921.
    
      E. W. Butler, E. W. Maynard, for plaintiff.
    
      J, H. Hall, Dorsey, Brewster, Howell & Hey man, for defendant.
   Stephens, J.

This being a suit to recover unliquidated damages for delay in the delivery of telegrams addressed to the plaintiff, and a verdict for the plaintiff in a certain amount not being demanded as a matter of law, the judgment sustaining a certiorari brought by .the defendant, and remanding the case to the municipal court of Macon for a new trial, being the first grant of a new trial, will not, under the well-established rule, be disturbed.

Judgment affirmed on the main hill of exceptions; cross-hill of exceptions dismissed.

Jenhins, P. J., concurs.  