Bollinger v. National Fire Insurance

Concurring and Dissenting.—I concur in the judgment but reach my conclusion upon a different ground and dissent from certain propositions declared in the majority opinion as hereinafter indicated. That opinion, in effect, reviews the judgment which was rendered in the municipal court in the preceding action. I agree with the majority statement by Mr. Justice Traynor that, upon the facts as pleaded here, it appears that in the municipal court action “defendant’s motion for nonsuit should have been denied. ’ ’ But concluding that the municipal court erred at that time in that action is…