Mitchell v. Waller

While it is true that, as a general rule, the first grant of a new trial in a case will not be disturbed by this court unless the verdict and judgment rendered were absolutely demanded by the evidence and under the law (see Connolly Realty Co. v. Nally, 38 Ga. App. 292, 143 S. E. 786, and Stone v. Elder, 42 Ga. App. 508, 156 S. E. 475), there is no substantial conflict as to the material facts, and the questions presented here are purely of law.

This was a sale of a stock of merchandise and entire business by the defendant, Leonard, to the garnishee, Mason, and there was no compliance with the…