CARLISLE, J.
1. A judgment "dismissing" a suit "on the ground [that] the evidence fails to support the petition," is to be construed as a judgment of nonsuit and not as a judgment on the merits of the plaintiff's right to recover as a matter of law under the allegations of his petition. Alabama Great Southern R. Co. v. Blivens, 92 Ga. 522 (17 S. E. 836); Zachry v. Mayor &c. of Madison, 18 Ga.App. 490, 491 (2) (89 S. E. 594); Carter...
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