Legal Opinion
Clark v. Bandy
Supreme Court of Georgia
Decided September 11, 1943No. 14616PublishedCited by 73 opinions
1Opinion of the Court
Regardless of whether a petition sets out a cause of action, if the plaintiff proves every fact charged, without at the same time disproving his right to recover by establishing the existence of other undisputed facts which show that he is not entitled to a verdict, it is not proper to award a nonsuit. On application of this rule of practice to the facts of the present record, the grant of a nonsuit was error.
No. 14616. SEPTEMBER 11, 1943.
Clark sued Bandy. It is recited in the bill of exceptions that on the call of said case for trial the judge overruled the defendant's demurrer, and…
2Cases cited17 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Evans v. MillsSupreme Court of Georgia · 1904
- McCandless v. ConleySupreme Court of Georgia · 1902
- Ray v. GreenSupreme Court of Georgia · 1901
- Reeves v. JacksonSupreme Court of Georgia · 1901
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3Cited by73 opinions
- Sears, Roebuck & Co. v. WilsonSupreme Court of Georgia · 1960
- Sears, Roebuck & Company v. WilsonSupreme Court of Georgia · 1960
- Auld v. Colonial Stores Inc.Court of Appeals of Georgia · 1947
- Pate v. Seaboard RailroadCourt of Appeals for the Third Circuit · 1987
- Covil v. Robert & Co. AssociatesCourt of Appeals of Georgia · 1965
68 more not listed; retrieve them via the Exa API.