Warren v. Mann

Jordan, Presiding Judge.

1. In a civil case a trial judge may-in his discretion grant a new trial without a transcript of the evidence and proceedings, either on motion of a party or ex mero motu. Ga. L. 1965, pp. 18, 30; Code Ann. § 70-301. Absent a contrary showing this court will presume that he did consider the evidence in granting a motion on grounds requiring such consideration. See A. M. Kidder & Co. v. Clement A. Evans & Co., 117 Ga. App. 346 (160 SE2d 869). The grant of a new trial is appropriate when it appears to the trial judge that the refusal to take such action would be…