King v. Bennett

Head, Justice.

The exception here is to the first grant of a new trial by the trial judge. “The first grant of a new trial shall not be disturbed by the appellate court if said new trial is granted in the discretion of the judge on general grounds, 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 trial court; provided however, that the trial judge shall state in all cases the ground or grounds upon which said new trial is granted and if said new trial is granted solely…