
    B. R. Smith & Company, plaintiffs in error, vs. Joseph Ehlen, defendant in error.
    Though this court is satisfied with the verdict, and would not, on the evidence in the record, have granted a new trial, it will defer to the judge who presided, not being able to say that he abused the discretion with which he is clothed by law. The first grant of a new trial, where no controlling question of law is involved, is generally to be acquiesced in : ¿4 Georgia Reports, 611; 33 Ibid., 41b ; 3b Ibid., 249,398.
    
    Bleckley, Judge.
     