
    Moss & Company v. Bennett, guardian.
    Argued April 14,
    Decided May 7, 1897.
    Levy and claim. Before Judge Hutchins. Banks superior court. March term, 1896.
    
      Robert S. Howard and John J. Strickland, for plaintiffs.
    
      Henry H. Perry, contra.
   Little, J.

This being the first grant of a new trial generally, and the evi-

dence being conflicting, the discretion of the trial judge will not be disturbed. Judgment affirmed.

All the Justices concurring.  