Gilbert Elliott Law Co. v. Tallapoosa Water Co. ( 1899 )

Fish, J.

Without passing upon the merits or sufficiency of the matters of defense set up in the amended plea offered by the defendant in the court below — there being no point made in the record which invokes such a ruling,- — this court will not reverse,the judgment of the trial judge in granting to the defendant a first new trial, when it does not appear that he abused his discretion in so doing.

Judgment affirmed.

All the Justices concurring.