Robert & Co. Associates v. Covil

Bell, Presiding Judge.

To understand the holding here, it is necessary to keep in mind that there were two judgments of this court in the prior appearance of this case. One of the judgments of this court was to reverse the grant of nonsuit; the other judgment of this court was to reverse the overruling of defendant’s motion to dismiss in the nature of general demurrer.

The effect of nonsuit is to dismiss the case; it “puts the entire case out of court.” Talbotton R. Co. v. Gibson, 106 Ga. 229, 237 (32 SE 151); Jones v. Britt, 75 Ga. App. 142, 146 (42 SE2d 648). The “entire case” includes the…