LEWIS v. BOWEN

17706.

208 Ga. 671 (1952)

68 S.E.2d 900

LEWIS et al. v. BOWEN.

Supreme Court of Georgia.

Decided January 29, 1952.


Attorney(s) appearing for the Case

Wm. J. Neville and W. G. Neville, for plaintiffs.

Fred T. Lanier and Robert S. Lanier, for defendant.


CANDLER, Justice.

"When at the conclusion of the evidence offered for the plaintiff it appears that he has failed to make out a prima facie case, it is error to direct a verdict for the defendant on which final judgment can be entered; but the court should award a nonsuit, thereby reserving to the plaintiff the right to institute `a subsequent action for the same cause,' if he so desires." Hines v. McLellan,...

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