Wilder v. Harrison

Nichols, Judge.

The defendant contends, in support of the trial court’s judgment granting his motion for nonsuit, that, even if the plaintiffs proved their case as laid, if the evidence further showed that they were not entitled tó recover, then the nonsuit was proper. See Cadranel v. Wildwood Construction Co., 101 Ga. App. 630 (115 S. E. 2d 415); and Code § 110-310.

In the present case the defendant’s general demurrer to the petition was overruled and no exception was taken to such judgment. Therefore such judgment established the law of the case and unless such judgment is reversed the…