Horne v. Phillips

1. “After nonsuit, a motion to reinstate, accompanied by a brief of the evidence, is one remedy available to the plaintiff who has been nonsuited. City of Atlanta v. Jenkins, 137 Ga. 454 (73 S. E. 402).” Wells v. Aldridge, 75 Ga. App. 702 (44 S. E. 2d 183).

2. Whether such a motion will be granted is matter within the legal’discretion of the trial court, and where he refuses to reinstate the case his discretion will not be controlled, unless manifestly abused. Glenn v. Glenn, 152 Ga. 793 (111 S. E. 378); Southern Railway Co. v. James, 114 Ga. 198 (39 S. E. 849).

*224Decided January 20, 1956. Harold…