Gray v. Schlapp

92 Ga. App. 261 (1955)

88 S.E.2d 536

GRAY

v.

SCHLAPP et al.

35683.

Court of Appeals of Georgia.

Decided June 17, 1955.

Fulcher, Fulcher & Hagler, for plaintiff in error.

Bussey & Hardin, John F. Hardin, contra.

NICHOLS, J.

1. "When a court passes upon a motion for a nonsuit it decides only one question, that is, do the allegation 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 of the motion decide that the plaintiff is entitled under the law to recover. The right…