Bacon v. P. Robson
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The action is to recover possession of personal property or its value. Defendant Gentry moved for a nonsuit, and pending the argument on the motion, plaintiff asked and obtained leave to amend her complaint by making Lena Bobson a party defendant. As to defendant Gentry, the nonsuit was granted, and subsequently a motion to dismiss as to Lena Bobson was granted.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The action is to recover possession of personal property or its value. Defendant Gentry moved for a nonsuit, and pending the argument on the motion, plaintiff asked and obtained leave to amend her complaint by making Lena Bobson a party defendant. As to defendant Gentry, the nonsuit was granted, and subsequently a motion to dismiss as to Lena Bobson was granted. From the judgment and order denying the plaintiff’s motion for a new trial as to defendant Gentry, and from the order dismissing the…
1Opinion of the Court
By the Court, Niles, J.:
The nonsuit as to defendant Gentry was properly granted. It is not claimed that the property came into his possession unlawfully. A demand upon him and a refusal to deliver was averred in the complaint and denied by the answer. No demand whatever was shown.
As to the order dismissing the action as against the defendant Lena Bobson, it appears from the transcript before us to have been made at the instance of the plaintiff. But conceding this to have been a clerical error merely, we see no reasons for disturbing the judgment of the Court.
There is no bill of exceptions…
2Cited by3 opinions
- Home Payment Jewelry Co. v. SmithCalifornia Court of Appeal · 1914
- Sievers V.Pacific Gas & Electric Co.California Court of Appeal · 1943
- McNally v. ConnollyCalifornia Supreme Court · 1885