Lewis v. Bowen

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, 117 Ga. 845 (1) (45 S. E. 279). To the same effect, see also Code, § 110-310; Exposition Cotton Mills v. Western & Atlantic R. Co., 83 Ga. 441 (2) (10 S. E. 113); Barnes v. Carter, 120…