
    Fenn et al. v. Maddox et al.
    
    Submitted May 1,
    Decided June 12, 1902.
    Appeal. Before Judge Lumpkin. Fulton superior court. September 14, 1901.
    
      T. L. Bishop, for plaintiffs in error. W. H. Terrell, contra.
   Lumpkin, P. J.

This case falls within the thoroughly established rule that a-judgment granting a first new trial will not be disturbed unless it affirmatively appears that the verdict was, under the law applicable, demanded by the evidence.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.  