Sims Estates Inc. v. Walker

Head, Justice.

The plaintiff filed a petition to recover a described strip of land 6.8 feet wide. The defendant filed an answer, and on the trial a verdict was returned for the plaintiff. The defendant filed a motion for new trial, which was later amended. After consideration of the motion, as amended, the trial judge granted a new trial, and the exception is to that judgment. Held:

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…