Legal Opinion

King v. Curtis

California Court of Appeal

Decided June 8, 1955No. Civ. A. 8665PublishedCited by 2 opinions

1Opinion of the CourtBishop, Acting P. J.

A judgment of nonsuit will be upheld on appeal only if a ground specified in support of the motion is a good ground, or some ground exists that could not have been cured had it been specified. (Lawless v. Calaway (1944), 24 Cal.2d 81, 94 [147 P.2d 604, 610].) It was error to grant the motion in this case, for a noneurable ground does not exist, and no ground appears to have been specified.

Of greater moment, the evidence warranted a judgment in plaintiff’s favor on his third cause of action. These allegations of the third cause of action were not denied: that plaintiff and defendant Trader…

2Cases cited5 opinions

  1. Lawless v. CalawayCalifornia Supreme Court · 1944
  2. May v. Board of DirectorsCalifornia Supreme Court · 1949
  3. Aronson & Co. v. PearsonCalifornia Supreme Court · 1926
  4. Fruitvale Canning Co. v. CottonCalifornia Court of Appeal · 1953
  5. Jones v. AllertCalifornia Supreme Court · 1911

3Cited by2 opinions

  1. Lewis v. Muntz Car Co.California Supreme Court · 1958
  2. King v. CurtisCalifornia Court of Appeal · 1955

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