Bentley v. Johns

1. Ordinarily an exception to the refusal of the court to grant a nonsuit will not be considered by this court when the case proceeded to a verdict and there is an exception also to the overruling of a motion for a new trial, which includes the ground that the verdict was contrary to law and the evidence. Under the particular facts of this ease, however, the exception to the refusal to grant a nonsuit will be considered.

2. As a general rule, for the defendant to avail himself of the statute of frauds he must specially plead it. However, under the ruling in Denmead v. Glass, 30 Ga. 637 (which…