Simpson v. Brand

Felton, Chief Judge.

The court abused its discretion in granting a second new trial on the general grounds. Plaintiffs in error contend that the trial court is wholly without discretion to grant a second new trial on the general grounds. We do not agree with this contention. The ruling of the Supreme Court in Mills v. State, 188 Ga. 616 (4 SE2d 453) settles the question. The court ruled that the trial court has less discretion on a second grant on the general grounds, but that it has some discretion, and that where there is a second grant the question for the reviewing court is whether the…