
    9003.
    Sellers et al. v. Hutto.
    Decided December 12, 1917.
   Broyles, P. J.

Under the facts of the case the judge of the superior court did not err in sustaining the certiorari and in'remanding the case for a new trial (this being the first grant of a new trial), with directions that the amendment to the original petition of the plaintiff in certiorari be allowed,-and that the demurrer to such petition be overruled.

Judgment affirmed.

Bloodworth and Harwell, JJ., concur.

Certiorari; from Appling superior court — Judge Highsmith. April 11, 1917.

Padgett & Watson, for plaintiffs in error.

W. W. Bennett, contra.  