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BENTON v. OWENS

39314, 39315.

105 Ga. App. 389 (1962)

124 S.E.2d 756

BENTON v. OWENS. CHASE v. OWENS.

Court of Appeals of Georgia.

Decided February 23, 1962.

Attorney(s) appearing for the Case

Lipshutz, Macey, Zussman & Sikes, John M. Sikes, Jr., John C. Bracy, for plaintiffs in error.

Clyde W. Henley, James K. Rankin, contra.

HALL, Judge.

The rule is that, if the plaintiff fails to make out a prima facie case, a nonsuit will be granted. Code § 110-310. "When a court passes upon a motion for a nonsuit it decides only one question, that is, do the allegations and the proof correspond? . . . If a plaintiff `proves his case as laid,' he is entitled to prevail as against a nonsuit. . ." McCoy Grocery Co. v. Travelers Indem. Co., 101 Ga.App. 638

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