
    Christie vs. Whitten.
    1. A.n order having been taken in term time, setting the hearing of a motion for new trial at chambers during the session of court in another county, and allowing until that time for the motion and brief of evidence to be perfected, if the presiding judge was unable to be present at the appointed time and place from providential cause, he had power, though in a different county, to pass an order continuing the case to another time and place, and then to hear it. The hearing under such order was legal, and a motion to dismiss the motion for new trial on the ground that the time for hearing had passed, was properly overruled. 63 Ga , 309; Brantley et al. vs. Hass, (present term).
    2. There was no abuse of discretion in granting a first new trial in this case.
    October 10, 1882.
   Speer, Justice.  