
    Zorn v. Upson Banking and Trust Company.
    January 16, 1912.
    Complaint. Before Judge Reagan. Upson superior court. December 23, 1910.
    
      J. T. Allen and W. T. Allen, for plaintiff in error.
    • M. H. Sandwich and Bloodworth & Bloodworth, contra.
   Beck, J.

This being the first grant of a new trial, the judgment of the court below sustaining the motion for a new trial will not be disturbed, the evidence not being such as to demand a verdict in favor of the party prevailing at the trial. Smith v. Maddox-Rucker Banking Company, 135 Ga. 151 (68 S. E. 1031).

Judgment affirmed.

All the Justices concur, except Mill, J., not presiding_  