COVIL v. ROBERT & CO. ASSOCIATES

41267, 41297.

112 Ga. App. 163 (1965)

144 S.E.2d 450

COVIL et al. v. ROBERT & COMPANY ASSOCIATES.

Court of Appeals of Georgia.

Decided September 8, 1965.


Attorney(s) appearing for the Case

Claude Hambrick, for plaintiffs in error.

Woodruff, Savell, Lane & Williams, Edward L. Savell, John L. Westmoreland, Sr., contra.


BELL, Presiding Judge.

1. "A motion for nonsuit merely takes the place of what is known to the common law practice as a demurrer to the evidence." Clark v. Bandy, 196 Ga. 546, 559 (27 S.E.2d 17). "When a court passes upon a motion for a nonsuit it decides only one question — that is, do the allegation and the proof correspond?" Kelly v. Strouse, 116 Ga. 872, 883 (43 SE 280). In determining whether the trial court erred in granting a nonsuit, we...

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