King v. Curtis
California Court of Appeal
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
- Lawless v. CalawayCalifornia Supreme Court · 1944
- May v. Board of DirectorsCalifornia Supreme Court · 1949
- Aronson & Co. v. PearsonCalifornia Supreme Court · 1926
- Fruitvale Canning Co. v. CottonCalifornia Court of Appeal · 1953
- Jones v. AllertCalifornia Supreme Court · 1911
3Cited by2 opinions
- Lewis v. Muntz Car Co.California Supreme Court · 1958
- King v. CurtisCalifornia Court of Appeal · 1955