Jeffers v. Central of Georgia Railway Co. 1 Ga. App. 331

132.

Jeffers v. Central of Georgia Railway Company.

Bammond, J. 1. Where a verdict rendered in a justice’s court is not demanded by the evidence, a judgment sustaining a certiorari and ordering a new trial in the justice’s court stands upon the same footing as the ordinary first grant of a new trial. This case is controlled by that of Strickland v. Reese, 110 Ga. 263, and numerous other decisions of the Supreme Court.

2. There was no error on the part of the judge of the superior court in sustaining the certiorari and ordering a second trial in the justice’s court.

Judgment affirmed.

Certiorari, from Terrell superior court — -Judge Kimsey. June 15, 1906.

Submitted February 25,

Decided February 28, 1907.

M. G. Edwards, for plaintiff.

James G. Parks, for defendant.