Haverty Furniture Co. v. Hunter

■ Jenkins, P. J.

Even under the ruling in the ease of Knight v Savannah Electric Co., 20 Ga. App. 314 (93 S. E. 17), as to which a question is now pending for determination by the Supreme Court in another case certified to that court by this court, it can not be said as a matter of law that in this case a judgment for the defendant was absolutely demanded. It therefore follows that the defendant can not; complain because the trial court, in the exercise of its discretion, has seen proper to grant the motion of the plaintiff for the first grant of a new trial, thereby setting aside the judgment…