BERGER v. McNATT

18905.

211 Ga. 546 (1955)

87 S.E.2d 73

BERGER v. McNATT et al.

Supreme Court of Georgia.

Decided April 12, 1955.


Attorney(s) appearing for the Case

Troutman, Sams, Schroder & Lockerman, for plaintiff in error.

Powell, Goldstein, Frazer & Murphy, J. Winton Huff, James K. Rankin, John L. Westmoreland, John L. Westmoreland, Jr., M. Neil Andrews, in propria persona, contra.


HAWKINS, Justice.

Defendants having filed demurrers to the petition, which were overruled by the trial court, to which judgments no exceptions have been taken, and plaintiff having introduced evidence substantially proving the case laid in his petition, it was error to grant a nonsuit, for if there be any evidence whatever to sustain the action, it must go to the jury, the court having no discretion in the matter of granting a nonsuit. Code § 110-310; McConnell...

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