
    Sparks vs. Noyes; The City of Atlanta vs. Champe et al.; Elliott, executor, et al. vs. The Sav. & Og. Can. Co.; The Scofield Rol. M. Co. et al. vs. The State.
    The first grant of a new trial will not be reversed by this court unless the plaintiff in error makes it appear from the record that the judge-abused his discretion in granting it, and that the law and facts require the verdict, notwithstanding the judgment of the presiding judge. The principle ruled in the case of Merriam vs. The City of Atlanta, 61 Ga., 222, covers this case.
     