Gilbert, J.
The exception is to the first grant of a new trial. The verdict was not demanded by the evidence, and, under the principles ruled in Griffith v. Sellers, ante, the court did not err in granting a new trial. Judgment affirmed.
All the Justices concur.
Ghastain S Henson, Quincey & Quincey, and Kelley & Dickerson, contra.