Hayes v. Dicks

Where, as in this case, the evidence was conflicting and a verdict was not demanded, this court will not disturb the first grant of a new trial. This is true even though the trial judge may have based his grant of a.new trial on a special ground of the motion therefor. The verdict not being demanded, the judgment granting a first new trial will be affirmed without deciding the special grounds of the motion for new trial. Code § 6-1608; Buchanan v. Nash, 211 Ga. 874 (1) (89 S. E. 2d 637); Belk v. Cook, 51 Ga. App. 163 (1) (179 S. E. 870); Throgmorton v. Trammell, 90 Ga. App. 433 (83 S. E. 2d…