
    Allen v. Lumpkin & Dunham.
    Submitted November 24,
    Decided December 12, 1902.
    Complaint. Before Judge Butt. Marion superior court. July 2, 1902.
    
      Simeon Blue, for plaintiff. Hatcher & Carson, for defendants.
   Little, J.

This case falls within the thoroughly established rule that a judgment granting a first new trial will not be disturbed unless it affirmatively appears that the verdict was, under the law applicable, demanded by the evidence ; which was not so in the present case.

Judgment affirmed.

All the Justices concurring, except Lumpkin, P. J., absent.  