1. Until there has been in the triaL court a judgment finally dis- ' posing of a case, this court is without jurisdiction to entertain a complaint that error’was committed by the trial judge in striking, on demurrer, portions of the defendant’s answer. Turner v. Camp, 110 Ga. 631; Harvey v. Bowles, 112 Ga. 421; Berryman v. Haden, Id. 752; Ray v. Anderson, 117 Ga. 136.

2. As has heretofore been repeatedly announced, the first grant of a new trial will not be disturbed by this court unless it affirmatively appears that the evidence demanded the verdict returned by the jury.

Judgment affirmed.