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98 Ga. App. 255

105 S.E.2d 505

Dixon v. Wilson

Court of Appeals of Georgia

Decided September 29, 1958

Court of Appeals of Georgia · decided 1958-09-29

Cited by 1 later decisions — most recently March 1974

1 state decisions

Relies on 77 Ga. App. 329 - Bush v. Smith · Paulk v. Creech · 91 Ga. App. 11 - DIXIE ORNAMENTAL IRON COMPANY, INC. v. Parrish

Good law ✅— No negative treatment on recordhow we know

Decided 1958-09-29

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Felton, Chief Judge.

¶1 The court did not err in awarding the nonsuit for two reasons: one, the plaintiff did not prove a case as alleged, Dixie Ornamental Iron Co. v. Parrish, 91 Ga. App. 11, 12 (84 S. E. 2d 716); and two, the plaintiff sought to recover a debt allegedly owed him out of the assets of a partnership and it did not appear that there had been a dissolution settlement or a balance struck between the parties or any admission as to a definite liability and the evidence was not such as would have supported a final accounting between the parties. Paulk v. Creech, 8 Ga. App. 738 (5) (70 S. E. 145); Gunter v. King, 46 Ga. App. 297 (167 S. E. 549); Cox v. Manning, 13 Ga. App. 518 (79 S. E. 484); Bush v. Smith, 77 Ga. App. 329, 332 (48 S. E. 2d 582).

¶2 The court did not err in awarding a nonsuit.

¶3 Judgment affirmed.

Quillian and Nichols, JJ., concur.
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