Supreme Court of Georgia, 1905

Smith v. Hightower

Smith v. Hightower
Supreme Court of Georgia · Decided May 15, 1905 · Fish
123 Ga. 110; 51 S.E. 28; 1905 Ga. LEXIS 389

Smith v. Hightower

Opinion of the Court

Fish, P. J.

This case falls within the rule, repeatedly announced by this court, that where it does not affirmatively appear that the verdict was demanded under the law and the evidence, the first grant of a new trial will not be disturbed, though based on a specified ground of the motion, whether such ground was meritorious or not. Elliott v. McCalla, ante, 26.

Judgment affirmed.

All the Justices concur, except Candler, J., absent.

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