Berger v. McNatt
This text of 87 S.E.2d 73 (Berger v. McNatt) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Defendants having filed demurrers to the petition, which were overruled by the trial court, to which judgments no exceptions have been taken, and plaintiff having introduced evidence substantially proving the case laid in his petition, it was error to grant a nonsuit, for if there be any evidence whatever to sustain the action, it must go to the jury, the court having no discretion in the matter of granting a nonsuit. Code § 110-310; McConnell v. East Point Land Co., 100 Ga. 129 (28 S. E. 80); Brooks v. Rawlings, 138 Ga. 310 (75 S. E. 157); Elliott v. Adams, 173 Ga. 312 (160 S. E. 336); Wright v. Roseman, 209 Ga. 176, 182 (71 S. E. 2d 426).
Judgment reversed.
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Cite This Page — Counsel Stack
87 S.E.2d 73, 211 Ga. 546, 1955 Ga. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berger-v-mcnatt-ga-1955.