Belk v. Cook

1. On exceptions to the first grant of a new trial the only question that the appellate court will determine is whether the verdict was demanded by the evidence; and this is true even though the judge may have in terms based his grant of a new trial on some special ground of the motion. Driskell v. Hardin, 39 Ga. App. 208 (146 S. E. 349); National Life Ins. Co. v. Cantrell, 49 Ga. App. 368 (2) (175 S. E. 543). Where the verdict rendered was not demanded, the judgment granting a first new trial will be affirmed without determining special grounds. Code of 1933, § 6-1608; Cox v. Grady, 132 Ga.…