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WARREN et al. v. MANN et al.
JORDAN, Presiding Judge.
Grant of new trial. Fulton Civil Court. Before Judge Camp.
1. In a civil case a trial judge may in his discretion grant a new trial without a transcript of the evidence and proceedings, either on motion of a party or ex mero motu. Ga. L. 1965, pp. 18, 30; Code Ann. 70-301. Absent a contrary showing this court will presume that he did consider the evidence in granting a motion on grounds requiring such consideration. See A. M. Kidder & Co. v. Clement A. Evans & Co., 117 Ga. App. 346 (160 SE2d 869). The grant of a new trial is appropriate when it appears to the trial judge that the refusal to take such action would be inconsistent with substantial justice. Ga. L. 1966, pp. 609, 664; Code Ann. 81A-161.
3. Where, as here, the plaintiffs in the lower court seek a reversal of the first grant of a new trial on motion of the defendants limited to general grounds, and it appears that the trial court, having directed a verdict for the plaintiffs, on which judgment was entered, granted a new trial solely on general grounds (as to which there is no dispute, although the order itself is silent as to the reason) without a transcript of the evidence, and there is no transcript before this court, and nothing appears from the pleadings or otherwise to show an abuse of discretion and to demand a verdict for the plaintiffs as directed by the trial court, this court will not disturb the judgment granting a new trial. Code 6-1608.
Heyman & Sizemore, Thomas Henry Nickerson, for appellees.
Bullock, Yancey & Mitchell, Kyle Yancey, for appellants.
ARGUED MAY 8, 1968 -- DECIDED MAY 17, 1968.
Friday May 22 18:57 EDT

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