McColgan v. McKay

25 Ga. 631

Opinion

By the Court.

Benning, J.

delivering the opinion.

We think, that the motion of McColgan, the plaintiff, for leave “to open his case, and prove that the paper” “ was an acknowledgment of an indebtedness for the amount of five hundred and twenty dollars,” should have been granted; especially, as McCqlgan resisted the nonsuit, insisting that Courts have no power to grant a nonsuit against the consent of the plaintiff, and it is, at least, a very doubtful question whether he was not right in this position. See 1. Pet. R 469.

It is almost a matter of course, to let in evidence upon a point, to save a non-suit., The practice is commended by every consideration of expediency.

We, think, then, that the Court below, erred in refusing this- motion,

Judgment reversed and case reinstated.