Alexander v. Jones

Frankum, Judge.

“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.” Clark v. Bandy, 196 Ga. 546 (27 S. E. 2d 17).

Where there is evidence admitted without objection to< establish the plaintiff’s cause which is not supported by proper allegations in the petition and there is no motion to withdraw it from the .jury, the plaintiff is entitled to…