
    McNamara v. Cox et al.
    
    Submitted March 14,
    —Decided April 11, 1900.
    Trover. Before Judge Gober. Cherokee superior court. July 4, 1899.
    
      8. Holderness and P. P. DuPre, for plaintiff in error.
    
      J. J. Northcutt and G. I. Teasley, contra.
   Cobb, J.

Thiswasthe first grant of a new trial, and under the facts appearing in the record the case falls within the provisions of section 5585 of the Civil Code. Judgment affirmed.

All the Justices concurring.  