
    ZELLNER et al., executors, v. MOBLEY et al.
    
    November 2, 1896. Argued at the last term.
    Complaint. Before Judge Beck. Monroe superior-court. August term, 1895.
    
      A. M. Speer and Willingham & Smith, for plaintiffs.
   Atkinson, J.

The present ease falls within the well established, rule that the discretion of the trial judge in granting a first new trial upon general grounds, where a question of fact is involved, will not be controlled by this court.

Judgment affirmed.  