Perkins v. West

92 S.E. 277, 146 Ga. 751, 1917 Ga. LEXIS 483

Opinion

Gilbert, J.

1. Where a plaintiff fails to make out a prima facie case, a verdict for the defendant should not be directed, but a judgment of nonsuit should be entered. Barnes v. Carter, 120 Ga. 895 (48 S. E. 387).

2. Under the evidence in this case it was error not to submit to the jury the issue as to whether the deed in question was intended by the parties to secure the debt due by the plaintiff in error to the defendant in error.

Judgment reversed.

All the Justices concur.