
    Gass, administrator, v. Cummings et al., executors.
    April 14, 1911.
    Complaint. Before Judge Fite. Dade superior court. January 15, 1910.
    
      Foust, Payne & Tatum, and Maddox, McOamy & Shumate, for plaintiff in error.
   Evans, P. J.

In view of the confused state of the record it can not be said that the evidence demanded the verdict; and as the judgment complained of is the first grant of a new trial, the discretion of the judge will not be disturbed.

Judgment affirmed.

All the Justices concur.  