Schroeder v. Schmidt
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco refusing a new trial. On and prior to the 31st of October, 1881, the plaintiff was the owner of a budding situated in the city and county of San Francisco, in which he conducted the business of a liquor saloon. On that date he sold the building to the defendant, and subsequently, on the 16th of December, 1882, sold him the saloon and business.
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Appeal from an order of the Superior Court of the city and county of San Francisco refusing a new trial. On and prior to the 31st of October, 1881, the plaintiff was the owner of a budding situated in the city and county of San Francisco, in which he conducted the business of a liquor saloon. On that date he sold the building to the defendant, and subsequently, on the 16th of December, 1882, sold him the saloon and business. The present action was brought to recover damages against the defendant, on the ground that the plaintiff, being insane at the time the sale was made, had been induced,…
1Opinion of the Court
Hayne, C.
The plaintiff was nonsuited at the trial. He took no exception to the ruling, and the statement does not specify it as error.
An error in granting a nonsuit is an error in law, and should be excepted to and specified as such. (Donahue v. Gallavan, 43 Cal. 576; Cravens v. Dewey, 13 Cal. 42.) It cannot be reviewed on the ground that the evidence is insufficient to sustain the decision. This is a ground for the review of questions of fact, not of law.
There was no error in the ruling on the plaintiff’s offer to prove what was intended by the bill of sale, or what was included in it. Such…
2Cases cited2 opinions
- Donahue v. GallavanCalifornia Supreme Court · 1872
- Smith v. East Branch Mining Co.California Supreme Court · 1880
3Cited by8 opinions
- Whitney v. DeweyIdaho Supreme Court · 1905
- Hammond v. WallaceCalifornia Supreme Court · 1890
- Archibald Estate v. MattesonCalifornia Court of Appeal · 1907
- Miller v. WadeCalifornia Supreme Court · 1891
- Craig v. Hesperia Land & Water Co.California Supreme Court · 1895
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