Legal Opinion

Globe Grain & Milling Co. v. Drenth

California Court of Appeal

Decided February 5, 1918No. Civ. No. 2185PublishedCited by 5 opinions

APPEAL from a judgment of the Superior Court of Fresno County. H. Z. Austin, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtKerrigan, J.

This action was brought by plaintiff for the alleged conversion of certain grain. The trial was had before a jury, and at the conclusion of the plaintiff’s case a motion of nonsuit was made, and the court took the case from the jury and granted the motion, and this is an appeal from the judgment of nonsuit.

There are two points relied upon for a reversal, (1st) that no proper motion for a nonsuit was made; and (2d) that there was sufficient evidence to make out a prima facie case for the jury.

The first objection is based upon the assertion that no formal motion for nonsuit was ever made, and…

2Cases cited4 opinions

  1. Davis v. McFarlaneCalifornia Supreme Court · 1869
  2. O'Brien v. BallouCalifornia Supreme Court · 1897
  3. Mitchell v. BrownCalifornia Court of Appeal · 1912
  4. Fissel v. MonroeCalifornia Court of Appeal · 1917

3Cited by5 opinions

  1. Turner, Kuhn & Fraser, Inc. v. JonesCalifornia Court of Appeal · 1923
  2. Wilson v. WallaceCalifornia Court of Appeal · 1931
  3. Sun-Maid Raisin Growers v. JonesCalifornia Court of Appeal · 1929
  4. Cannon v. ChapmanCalifornia Court of Appeal · 1938
  5. Urick v. GuitronCalifornia Court of Appeal · 1936

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API