
    Abbott et al. v. Strickland et al.
    
    Argued April 1,
    Decided April 27, 1901.
    Certiorari. Before Judge Gober. Milton superior court. August 21, 1900.
    
      J. P. Brooke, B. F. Simpson, and T. L. Lewis, for plaintiffs.
    
      H. L. Patterson, J. A. Bodgen, and P. B. MeGleskey, contra.
   Simmons, C. J.

1. Where the evidence is conflicting, the discretion of the trial judge in granting upon certiorari a first new trial will not he controlled.

2. Questions not made by the record will not be considered, although argued in this court. Judgment affirmed.

All the Justices concurring.  