Flewellen v. Flewellen

The record in this case shows that Henry Elewellen sought, as a laborer, to foreclose liens, in the city court of Eorsyth, against Ed. Elewellen and certain described property of the latter; that upon the trial of the issues raised by defendant’s counter-affidavit the plaintiff testified, in detail, to the truth of every averment in'his affidavit; that at the conclusion of plaintiff’s testimony, and in the absence of any demurrer to his affidavit, the court, on its own motion, awarded a nonsuit, upon the ground “that plaintiff had not made out such a case, either by his pleadings or his…