Jones v. Mayor of Savannah

1. “If the plaintiff fails to make out a prima facie case, or if, admitting all facts proved and all reasonable deductions from them, the plaintiff ought not to recover, a nonsuit will be granted. A judgment- of nonsuit is no bar to a subsequent action for the same cause brought in due time.” Code of 1933, § 110-310. “If a plaintiff shall be nonsuited, .. . and shall recommence within six months, such renewed case shall stand upon the same footing, as to limitation, with the original case.” § 3-808. A nonsuit only adjudicates the sufficiency of the evidence to sustain the petition, but does…