
    3464.
    Ricks v. Briesnick.
    Decided January 30, 1912.
    Action for money had and received; from city court of Brunswick — Judge Krauss.
    February 24, 1911.
    
      J. D. Sparícs, J. T. Powell, for plaintiff in error.
    
      Harry P. Dunwody, contra.
   Russell, J.

The verdict rendered not being demanded by the evidence, the discretion of the trial court upon the first grant of a new trial will not be controlled.

Judgment affirmed. Pottle, J., not presiding.  