
    Short v. Mathis, executor.
    Argued November 23,
    Decided December 12, 1901.
    Equitable petition. Before S. P. Gilbert, judge pro hac vice. Marion superior court. August 19, 1901.
    
      G. P. Munro and W. B. Short, for plaintiff.
    
      S. B, Hatcher, J. H JjumpMn, and J. J. Ditnham, for defendant.
   Cobb, J.

This being the first grant of a new trial, and it not unequivocally appearing from the record that the verdict was demanded by the evidence, the judgment granting a new trial will not be disturbed.

Judgment affirmed.

All the Justices concurring, except Little, J., disqualified.  