4 Ga. App. 467 | Ga. Ct. App. | 1908
Mrs. Harris sued Ford for certain personal property, chiefly household goods, formerly belonging to Mrs. Holmes, who was the mother of the plaintiff and the grandmother of the defendant. At the first trial of the case the plaintiff had a finding in her favor, and this was set aside by the presiding judge, upon motion for new trial, on the ground that the verdict was contrary to the evidence. At the second trial Judge Kimsey presided. There was a verdict for the defendant, and a motion for new trial was filed. This motion came on to be heard before Judge Brand, who had in the meantime been elected judge of the superior court of the circuit including the county of Gwinnett, where the trial occurred. Upon this motion, which contained only the general grounds, Judge Brand granted a new trial, and the defendant excepts.
though not legally disqualified, declined to participate in the decision, having presided at the first trial of the case in the court below. Judgment reversed.