Crozier v. Provident Life & Accident Insurance

If the plaintiff fails to make out a prima facie case, or if, admitting all the facts proved and all, reasonable deductions from them, the plaintiff ought not to recover, a nonsuit may be ordered. Code, § 110-310. A motion for nonsuit is in the nature of a demurrer to the evidence, and the only question presented by it is whether the evidence is sufficient in law to maintain the issues of fact made by the pleadings. Kelly v. Strouse, 116 Ga. 872 (43 S. E. 280); Vickers v. Atlanta &c. Ry. Co., 64 Ga. 306. This was an action on account of alleged fraud and deceit practiced by the defendants on…