Fish, X
This was a first grant of a new trial; and in view of the evidence disclosed by the record, the case falls within the provisions of section 5585 of the Civil Code. Judgment affirmed,. All the Justices concurring.
Appeal. Before Judge Gober. Talbot superior court. December 15, 1898.
A. P. Persons and J. M. Mathews, for plaintiff in error.
J. PI. McGehee, J. J. Bull, and A. J. Perryman, coutra.