Dixon v. Wilson

Court of Appeals of Georgia

Dixon v. Wilson

105 S.E.2d 505, 98 Ga. App. 255, 1958 Ga. App. LEXIS 560

CourtCourt of Appeals of Georgia

DecidedSeptember 29, 1958

Docket37289

StatusPublished

This text of 105 S.E.2d 505 (Dixon v. Wilson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dixon v. Wilson, 105 S.E.2d 505, 98 Ga. App. 255, 1958 Ga. App. LEXIS 560 (Ga. Ct. App. 1958).

Pincite

Opinion

Felton, Chief Judge.

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).

The court did not err in awarding a nonsuit.

Judgment affirmed.

Quillian and Nichols, JJ., concur.

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Felton, Chief Judge.

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).

The court did not err in awarding a nonsuit.

Judgment affirmed.

Quillian and Nichols, JJ., concur.

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Bluebook (online)

105 S.E.2d 505, 98 Ga. App. 255, 1958 Ga. App. LEXIS 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-wilson-gactapp-1958.

Opinion

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