Buchanan v. Heath

Duckworth, Chief Justice.

1. The admission of facts filed by the plaintiff and admitted by the defendant in open court as true, together with the oral testimony, proved the plaintiff’s case as alleged in the petition, and the court erred in granting the nonsuit. A motion to nonsuit is in the nature of a general demurrer to the evidence, but does not go to any defect in the pleadings, and the only question to be determined is whether the evidence proves the case as laid. Reeves v. Jackson, 113 Ga. 182 (38 S. E. 314); Kelly v. Strouse, 116 Ga. 872 (4) (43 S. E. 280); Clark v. Bandy, 196 Ga. 546…