Freeman v. Franklin

1. The motion to dismiss the bill of exceptions, being upon the sole ground of an insufficient assignment of error as it appears only in the petition for certiorari, is manifestly without merit, and is therefore denied.

2. The first grant of a new trial by sustaining a certiorari, where the verdict was not demanded by the evidence, will not be disturbed, though based on a special ground of the motion, regardless of the merit of such ground. Atlantic & Birmingham Ry. Co. v. Cobb, 125 Ga. 121 (53 S. E. 591); Smith v. Hightower, 123 Ga. 110 (51 S. E. 28); Elliott v. McCalla, 123 Ga. 26 (50 S. E.…