The first grant of a new trial shall not be disturbed by an appellate court unless the appellant shows that the judge abused his discretion in granting it and that the law and facts require the verdict notwithstanding the judgment of the presiding judge.
History. Civil Code 1895, § 5585; Civil Code 1910, § 6204; Code 1933, § 6-1608.
History of Code section.
This Code section is derived from the decision in Sparks v. Noyes, 64 Ga. 437 (1879).
Law reviews.
For article comparing sections of Ch. 11, T. 9 with preexisting provisions of the Georgia Code, see 3 Ga. St. B.J. 295 (1967).
Structure Georgia Code
§ 5-5-42. Form for Motion for New Trial
§ 5-5-43. Allowance of Filing of Motion by Judge Other Than Trial Judge
§ 5-5-44. Service of Rule Nisi; Filing and Recordation of Motion
§ 5-5-45. Amendment of Rule Nisi
§ 5-5-46. Operation of Rule Nisi as Supersedeas in Criminal Cases; Superseding of Sentence
§ 5-5-48. Time of New Trial Generally
§ 5-5-49. Trial of Cases Returned for New Trial by Appellate Courts
§ 5-5-50. Standard for Review by Appellate Court of First Grant of New Trial
§ 5-5-51. Written Basis for Exercise of Judicial Discretion for New Trial