Legal Opinion
McCoy Grocery Company v. Travelers Indemnity Company
Court of Appeals of Georgia
Decided April 27, 1960No. 38119Published
1Opinion of the Court
101 Ga. App. 638 (1960)
114 S.E.2d 924
McCOY GROCERY COMPANY
v.
TRAVELERS INDEMNITY COMPANY.
38119.
Court of Appeals of Georgia.
Decided April 27, 1960.
Rehearing Denied May 12, 1960.
James H. Fort, for plaintiff in error.
Hatcher, Smith, Stubbs & Rothschild, Albert W. Stubbs, contra.
NICHOLS, Judge.
1. "`When a court passes upon a motion for a non-suit it decides only one question, that is, do the allegations and the proof correspond? In sustaining such a motion the court does not hold that the plaintiff is not entitled, under the law, to recover on the facts alleged; neither does the overruling ruling…
Also in this document: Concurring in part, dissenting in part.
2Cases cited13 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- McCandless v. ConleySupreme Court of Georgia · 1902
- Flewellen v. FlewellenSupreme Court of Georgia · 1901
- Brill v. Metropolitan Surety Co.Appellate Terms of the Supreme Court of New York · 1908
- Georgis v. StateNebraska Supreme Court · 1923
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