Supreme Court of Georgia November 21, 1908 (Stewart v. Mundy)

Lumpkin, J.

Where in a claim case the plaintiff in ñ. fa. fails to make out any prima facie case, and the claimants introduce no evidence, if the presiding judge, on motion, gives direction as to the disposition to be made of the case because of'such failure on the part of the plaintiff, he should dismiss the levy, not direct a verdict finding the' property not subject. Barnes v. Carter, 120 Ga.