Durden v. Durden

Supreme Court of Georgia

Durden v. Durden

142 S.E. 151, 165 Ga. 813, 1928 Ga. LEXIS 69

Supreme Court of Georgia·Decided February 15, 1928·No. No. 6052·Published

Opinion

Atkinson, J.

1. “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.

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

Judgment affirmed.

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

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Atkinson, J.

1. “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.

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

Judgment affirmed.

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

Durden v. Durden, 142 S.E. 151, 165 Ga. 813, 1928 Ga. LEXIS 69 (Ga. 1928).

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