5-5-50. Standard for review by appellate court of first grant of new trial.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Civil Code 1895, § 5585; Civil Code 1910, § 6204; Code 1933, § 6-1608.

For article comparing sections of Ch. 11, T. 9 with preexisting provisions of the Georgia Code, see 3 Ga. St. B.J. 295 (1967).

History of Code section.: This Code section is derived from the decision in Sparks v. Noyes, 64 Ga. 437 (1879).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t4-6-(v4)-2013-pdf.pdf, Volume V4, 2013 edition, page 458; merge action: annotated; file SHA-256 290d3a1d6843.