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165 Ga. 813

Durden v. Durden

Supreme Court of Georgia

Decided February 15, 1928

Supreme Court of Georgia · decided 1928-02-15

Decided 1928-02-15

Atkinson, J.

¶11. “A nonsuit is not granted merely because the court would not allow a verdict for plaintiff to stand. But if the plaintiff fails to make out a prima facie case, or if, admitting all the facts proved and all reasonable deductions from them, the plaintiff ought not to recover, a nonsuit will be granted.” Civil Code (1910), § 5942.

¶22. Under the pleadings in this case and the evidence for the plaintiff, the judge did not err in granting a nonsuit.

¶3 Judgment affirmed.

All the Justices concur. T. N. Brown, for plaintiff. A. 8. Bradley and Grayson O. Powell, for 'defendants.
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