Vanderford v. Foster
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Tehama, and from an order refusing a new trial. Action to recover possession of certain wheat which plaintiff claimed as purchaser from one Mitchell. The defendant justified the taking under a writ of attachment issued to him as sheriff, at the suit of one Dicus against Mitchell. On the trial the plaintiff introduced evidence to sustain the allegations of her complaint.
Read the full summary
Appeal from a judgment of the Superior Court of the county of Tehama, and from an order refusing a new trial. Action to recover possession of certain wheat which plaintiff claimed as purchaser from one Mitchell. The defendant justified the taking under a writ of attachment issued to him as sheriff, at the suit of one Dicus against Mitchell. On the trial the plaintiff introduced evidence to sustain the allegations of her complaint. The defendant then introduced evidence showing that there had been no actual and continued change of possession of the wheat. The testimony being closed the…
1Opinion of the Court
The Court.
In Geary v. Simmons, 39 Cal. 224, it was held a court is justified in granting a nonsuit, after the evidence on both sides has been heard in a case where, if the motion had been denied and a verdict found for the plaintiff, it would have been set aside as not supported by the evidence. If the case' before us had gone to the jury upon the evidence in the transcript, it would have been the duty of the court to set aside a *50verdict in favor of plaintiff on motion. It comes within the rule laid down in Geary v. Simmons.
We think it proper to say, however, that the practice of moving for…
2Cases cited1 opinion
- Geary v. SimmonsCalifornia Supreme Court · 1870
3Cited by7 opinions
- Estate of Morey v. WellsCalifornia Supreme Court · 1905
- Fagundes v. Central Pacific RailroadCalifornia Supreme Court · 1889
- Estate of CampbellCalifornia Court of Appeal · 1920
- Paolini v. Fresno Canal & Irrigation Co.California Court of Appeal · 1908
- Bohn v. Pacific Electric Railway Co.California Court of Appeal · 1907
2 more not listed; retrieve them via the Exa API.