Henderson v. Maysville Guano Co.

1. In the motion for a new trial error is assigned upon the refusal of the court to grant a nonsuit upon the motion of the defendants’ counsel, at the close of the plaintiff’s testimony. As was held in Atlantic Coast Line Ry. Co. v. Blalock, *718 Ga. App. 44 (68 S. E. 743), “An exception based upon the refusal of the court to award a nonsuit will not be considered, where, subsequently thereto, the case is submitted to the jury, and, a verdict being rendered against the defendant, a motion for a new trial is made which presents the complaint that the verdict is contrary -to the evidence and…