
    Hill et al. v. Lundy.
    Submitted May 6, —
    Decided May 30, 1903.
    Appeal. Before Judge Holden. Hancock superior court. November 22, 1902.
    
      Hunt & Merritt, for plaintiffs in error.
    
      B. H. Lewis, contra,
   Candler, J.

1. It is not a proper ground of a motion for a new trial that the judge of the superior court, on the trial of an appeal from a county court, refused, on motion, to dismiss the appeal, or to dismiss the petition of one of the parties thereto. The error, if any, should he made the subject of a direct exception. Heery v. Burkhalter, 113 Ga. 1043, and cases cited.

2. The verdict was supported by the evidence, and it was not erroneous to overrule the motion for a new trial.

Judgment affirmed.

By five Justices.  