Gulf Power Co. v. Rigby

The writ of error now under consideration is to a judgment in favor of defendant in suit of unlawful detainer rendered in a trial after verdict in his favor had been rendered on a former trial and had been set aside by the court upon the ground that the same was against the preponderance of the evidence.

The record shows that in this case, after verdict, motion for new trial was made and in the order denying motion for a new trial the trial judge says:

“In the previous trial of this cause, the court was of the opinion that the evidence preponderating against the defendant, and upon verdict for…