Buchanan v. Nash

Mobley, Justice.

1. “The first grant of a new trial shall not be disturbed by the appellate court, unless the plaintiff in error shall show that the judge abused his discretion in granting it, and that the law and facts require the verdict notwithstanding the judgment of the presiding judge.” Code § 6-1608.

2. “Although the plaintiff’s action was formerly dismissed upon a general demurrer thereto, and this judgment was reversed by this court . . . there has, as yet, been but one trial on the merits. The same having resulted in a verdict for the plaintiff, and a new trial having been granted,…