
    GRESS LUMBER COMPANY v. ROGERS et al.
    
    Argued November 30,
    Decided December 7, 1896.
   Atkinson, J.

The record disclosing the commission of errors at the trial, and there being conflicting evidence upon some of the material issues of fact, this court will not reverse a judgment granting a new trial, and thus correcting the errors in question, and will assume that the same will not be repeated at the next tearing. Judgment affirmed.

Equitable petition. Before Judge Beck. Pulaski superior court. November term, 1895.

DeLaoy <& Bishop, for plaintiff.

J. H. Martin, for defendant.  