
    Southern States Phosphate & Fertilizer Co. v. Colbert.
    Argued May 4,
    Decided October 12, 1909.
    Trover. Before Judge Martin. Wilcox superior court. August 24, 1908.
    
      M. B. Gannon and Hal Lawson, for plaintiff.
    
      E. H. Williams, for defendant.
   Eish, C. J.

tinder the facts of the ease, the court did not abuse its discretion in granting a first new trial.

Judgment affirmed.

All the Justices concur.  