Lovett v. American Family Life Insurance

Felton, Chief Judge.

The issue raised by this appeal from the granting of the nonsuit is the sufficiency of the evidence to sustain the petition.

“If the petition sets out a cause of action, and the plaintiff proves every fact charged, but, on cross-examination or otherwise, disproves his right to recover, by establishing the existence of other undisputed defensive facts which show that he is not entitled to a verdict, then a nonsuit should be granted.” Evans v. Josephine Mills, 119 Ga. 448 (2) (46 SE 674); Lewis v. Bowen, 208 Ga. 671 (a) (68 SE2d 900); Caldwell v. Knight, 92 Ga. App. 747 (89…