Barnes v. Evans

STAKELY, Justice.

The appeal in this case is from a judgment of nonsuit. Jack Barnes, plaintiff in the court below, appellant here, brought suit against L. C. Evans, defendant below, appellee here. After plaintiff had introduced his evidence and rested, defendant moved to exclude all of the testimony offered by plaintiff and to discharge the jury, for that the evidence did not make a prima facie case for plaintiff under his complaint. The trial court granted this motion and the transcript of evidence shows plaintiff moved for a nonsuit with leave to appeal.

There are two judgment entries in the…