Stone v. Elder

Two trials of this case have been had in the municipal court of Atlanta'. On the first trial the court rendered a finding and judgment in favor of Elder, the plaintiff. Stone, the defendant, made a motion for a new trial, which was overruled by the trial judge, but which was granted upon an appeal to the appellate division. The next trial resulted in favor of the defendant. The trial court granted the plaintiff’s motion for a new trial,, and this *509judgment was affirmed by tbe appellate division on appeal and by the superior court on certiorari. The defendant then brought the ease to this court…