Nance v. Merchants Fertilizer & Phosphate Co.

The defendant at the close of plaintiff’s evidence and at the close of all the evidence, made motions in the court below for judgment as in case of nonsuit. C. S., 567. The court below overruled these motions and in this we see no error. It is the well settled rule of practice and the accepted position in this jurisdiction that, -on a motion- to nonsuit, the evidence which makes for the plaintiff’s claim and which tends to support his cause of action, whether offered by the plaintiff or elicited from the defendant’s witnesses, will be taken and considered in its most favorable light for the…