Clarke v. Order of United Commercial Travelers

HUTCHESON, Circuit Judge.

When appellant was here before, complaining of a verdict which had been in-, structed against her, at the conclusion of her evidence, we sustained her complaint, and held that under Georgia law a nonsuit, •rather than a verdict against her, should have been ordered.1

Her then suit was a suit at law, on pleadings which in addition to declaring on her deceased husband’s certificate of membership in defendant’s society, anticipated defendant’s reliance on, and attacked for fraud in law, a release she had signed. We held then that her proof had not sustained her…