Toulouse v. Pare
California Supreme Court
Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFarland, J.
This is an appeal by plaintiffs from a judgment in favor of defendants, and from an order denying plaintiffs’ motion for a new trial.
After the evidence on both sides was in, the court granted a nonsuit. Before the nonsuit was granted *252appellants made a demánd for findings which wag refused, and afterwards they took an exception, which perhaps included both the failure of the court to make findings and the nonsuit. But the order of the court granting a nonsuit is nowhere assigned as error, and therefore it cannot be assailed. “When a nonsuit is granted and the plaintiff makes a statement-for a…
2Cases cited4 opinions
- Reynolds v. BrumagimCalifornia Supreme Court · 1880
- McCreery v. EverdingCalifornia Supreme Court · 1872
- Donahue v. GallavanCalifornia Supreme Court · 1872
- People ex rel. Schindler v. FlintCalifornia Supreme Court · 1883
3Cited by10 opinions
- Carney v. SimmondsCalifornia Supreme Court · 1957
- Estate of Morey v. WellsCalifornia Supreme Court · 1905
- Converse v. ScottCalifornia Supreme Court · 1902
- Estate of CampbellCalifornia Court of Appeal · 1920
- New York Life Insurance v. DaleyCalifornia Court of Appeal · 1914
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