
    Formby vs. Smith & Company.
    [Owing to providential cause, Jackson, Chief Justice, did not preside in this case.]
    Where the judge of the superior court sustains a certiorari, and orders a new trial-on the ground that the verdict of a jury in a justice court is contrary to evidence, the evidence being conflicting, and there having been but one trial before a jury, this court will not interfere, unless it is manifest that the judge abused bis discretion. Such is not the case here. 60 Ga., ioo; 63 lb., 331, 743.
    November 28, 1882.
   Speer, Justice.  