Zorn v. Upson Banking & Trust Co.

Beck, J.

This being the first grant of a new trial, the judgment of the court below sustaining the motion for a new trial will not be disturbed, the evidence not being such as to demand a verdict in favor of the party prevailing at the trial. Smith v. Maddox-Rucker Banking Company, 135 Ga. 151 (68 S. E. 1031).

Judgment affirmed.

All the Justices concur, except Mill, J., not presiding_