
    Smith et al. vs. Sapp, executor, et al.
    
    1. Where the judgment contained in the record is a general grant of a new trial, but the judge in certifying the bill of exceptions indicates that the new trial was granted on one ground only, the record will control.
    2. The first grant of a new trial will not be reversed unless the presiding judge has abused his discretion in making it.
    
      (a.) Although testimony may have been admissible for some purposes, but not for others, yet where it was admitted generally, and the presiding judge certified that he feared that the jury were misled by it, and thereupon granted a new trial, such grant falls within the general rule allowing the presiding judge discretion in granting new trials.
    October 17, 1882.
   Jackson, Chief Justice.  