170 Ga. 892 | Ga. | 1930
This was a bill brought by a trustee in bankruptcy to enjoin the daughter of the bankrupt from encumbering or disposing of the mining interest in property conveyed to her by her father. Plaintiff alleged that the father was adjudicated a
The exception in this case is to the judgment awarding a non-suit upon motion of the defendant. As remarked by Judge Bleckley, nonsuit is purely a mechanical process by which plaintiff’s case is “chopped off.” Vickers v. A. & W. P. R. Co., 64 Ga. 306. The trial judge always awards a nonsuit at his peril; for if the facts proved would, by any reasonable inference, support a finding in favor of the plaintiff, it is error to deprive plaintiff of his right to have the jury instead of the court sum up the facts of the case and mold their conclusion into a verdict. See Davis v. Kirkland, 1 Ga. App. 5 (58 S. E. 209); Corcoran v. Merchants &c. Co., 1 Ga. App. 741 (57 S. E. 962). In the ease at bar the consideration of whether the court erred in awarding a nonsuit must be by analysis of what was proved by plaintiff, and by determination of the question whether the proof submitted by plaintiff, with all legal and
Plaintiff proved substantially the case laid in his petition, by the father of the defendant. The father was named as a defendant, but he did not answer, and was stricken from the case pending trial. We are clearly of the opinion that the trial judge erred in awarding a nonsuit.
Judgment reversed.