National Automoble Insurance Co. v. Cunningham

This is an appeal from a judgment entered in favor of defendant after the trial judge had granted her motion for a nonsuit, and also an attempted appeal from such order.

The rules governing the granting of a motion for non-suit are clearly set forth in 9 California Jurisprudence, 551, as follows:

“A motion for nonsuit involves the legal effect of admitted facts. When made at the close of plaintiff’s case it in purpose and effect operates as a demurrer to the evidence, and must therefore assume that all the evidence in favor of the plaintiff, if relevant to the issues, is true. It is, therefore,…