Miller v. Wade
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County granting a motion for a nonsuit. The facts are stated in the opinion of the court.
1Opinion of the CourtWorks, J.
This is an appeal by the plaintiff from a judgment of nonsuit. There is a bill of. exceptions, which contains the evidence, and from which it appears that a nonsuit was granted; but the ruling of the court is not assigned or specified as error. Such an assignment has been held to be necessary to present the question to this court. (Schroeder v. Schmidt, 74 Cal. 459; see also Polack v. Gurnee, 66 Cal. 267; Malone v. County of Del Norte, 77 Cal. 217.)
*411The assignment of error is the pleading which points out the particular question raised and passed upon in the court below, and presented to this…
2Cases cited4 opinions
- Pico v. CohnCalifornia Supreme Court · 1889
- Shadburne v. DalyCalifornia Supreme Court · 1888
- Malone v. County of Del NorteCalifornia Supreme Court · 1888
- Schroeder v. SchmidtCalifornia Supreme Court · 1887
3Cited by13 opinions
- Lawless v. CalawayCalifornia Supreme Court · 1944
- Beeson v. SchlossCalifornia Supreme Court · 1920
- Inderbitzen v. Lane HospitalCalifornia Court of Appeal · 1932
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Warner v. DarrowCalifornia Supreme Court · 1891
8 more not listed; retrieve them via the Exa API.