
    Killian v. Banks.
    Argued June 11,—
    Decided July 10, 1900.
    Complaint for land. Before Judge Lumpkin. Fulton superior court. October 2, 1899.
    
      W. J. Speairs and C. J. Simmons, for plaintiff.
    
      Q. W. Smith and O. T. Ladson, for defendant.
   Lewis, J.

This was the first grant of a new trial, and, in view of the evidence disclosed by the record, the case falls within the provision of Civil Code, § 5585. Judgment affirmed.

All the Justices concurring.  