Hurt v. Stewart

1. The first grant of a new trial on certiorari will not be disturbed, regardless of the merit or absence of merit of special grounds in the petition for certiorari, unless the verdict was demanded by the evidence. McWhorter v. Stein, 47 Ga. App. 838 (171 S. E. 583); Freeman v. Franklin, 47 Ga. App. 265 (170 S. E. 321), and cit.

2. In this suit by the executor of the will of the deceased payee of two promissory notes for $265 principal, besides interest, dated in July and September, 1913, the maker pleaded payment and an accord and satisfaction by his subsequent conveyance of land to the wife…