Shockley v. Nunnally

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? . . . The right to recover under the facts alleged is not involved in the decision of such a motion. If a plaintiff ‘proves his case as laid,’ he is entitled to prevail as against a nonsuit.” Gray v. Schlapp, 92 Ga. App. 261 (88 S. E. 2d 536), and cases cited.

2. “When a case is brought to this court and the judgment of the trial court is reversed, all questions as to pleadings and the effect of evidence adjudicated by this court are binding as the law of the…