Georgia Court of Appeals, 1958

Dixon v. Wilson

Dixon v. Wilson
Georgia Court of Appeals · Decided September 29, 1958 · Felton, Nichols, Quillian
105 S.E.2d 505; 98 Ga. App. 255; 1958 Ga. App. LEXIS 560 (South Eastern Reporter, Second Series)

Dixon v. Wilson

Opinion

Felton, Chief Judge.

The court did not err in awarding the nonsuit for two reasons: one, the plaintiff did not prove a case as alleged, Dixie Ornamental Iron Co. v. Parrish, 91 Ga. App. 11, 12 (84 S. E. 2d 716); and two, the plaintiff sought to recover a debt allegedly owed him out of the assets of a partnership and it did not appear that there had been a dissolution settlement or a balance struck between the parties or any admission as to a definite liability and the evidence was not such as would have supported a final accounting between the parties. Paulk v. Creech, 8 Ga. App. 738 (5) (70 S. E. 145); Gunter v. King, 46 Ga. App. 297 (167 S. E. 549); Cox v. Manning, 13 Ga. App. 518 (79 S. E. 484); Bush v. Smith, 77 Ga. App. 329, 332 (48 S. E. 2d 582).

The court did not err in awarding a nonsuit.

Judgment affirmed.

Quillian and Nichols, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.