Durden v. Durden

Supreme Court of Georgia

Durden v. Durden

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

CourtSupreme Court of Georgia

DecidedFebruary 15, 1928

DocketNo. 6052

StatusPublished

This text of 142 S.E. 151 (Durden v. Durden) 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.

Bluebook

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

Pincite

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.

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Bluebook (online)

142 S.E. 151, 165 Ga. 813, 1928 Ga. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durden-v-durden-ga-1928.