Sockett v. Gottlieb

KINCAID, J. pro tern. *

At the conclusion of plaintiff’s case and before the introduction of any evidence on the part of defendants, the latter moved the trial court for a judgment of nonsuit. The court thereupon granted such motion and the clerk of the court entered his minute order accordingly. No formal judgment of nonsuit was ever filed. Appeal is taken herein from the “judgment of nonsuit” as reflected by the said minute order of the court. Such order fully disposed of the action and therefore amounts to a judgment of nonsuit from which an appeal will lie. (Murphy v. Fong Shuck, 151…