McGruder v. McGruder

Head, Presiding Justice.

The petition of Benjamin F. Mc-Gruder against Addie Pearl McGruder sought the cancellation of a deed from the plaintiff to the defendant. The defendant filed an answer denying the allegations of the petition, except the allegation that she was a nonresident. At the conclusion of the plaintiff’s evidence, counsel for the defendant made a motion for a nonsuit, which was granted. The exception here is to the grant of the nonsuit.

“A judgment of this court reversing a judgment of nonsuit does not adjudicate that the plaintiff is in law entitled to recover upon the facts…