Covil v. Robert & Co. Associates

Bell, Presiding Judge.

“A motion for nonsuit merely takes the place of what is known to the common law practice as a demurrer to the evidence.” Clark v. Bandy, 196 Ga. 546, 559 (27 SE2d 17). “When a court passes upon a motion for a nonsuit it decides only one question—that is, do the allegation and the proof correspond?” Kelly v. Strouse, 116 Ga. 872, 883 (43 SE 280). In determining whether the trial court erred in granting a nonsuit, we must construe the evidence most strongly in favor of the plaintiffs. National Land &c. Co. v. Zugar, 171 Ga. 228 (2) (155 SE 7).

“ 'The law imposes upon…