Carter v. Hopkins
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. The action was brought to establish a resulting trust in a certain city lot in San Francisco, alleged to have been purchased by plaintiff’s intestate, Thomas T. Bouldin, deceased, and conveyed to the defendant Rufus C. Hopkins, in trust.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco. The action was brought to establish a resulting trust in a certain city lot in San Francisco, alleged to have been purchased by plaintiff’s intestate, Thomas T. Bouldin, deceased, and conveyed to the defendant Rufus C. Hopkins, in trust. The defendant Hopkins answered, admitting the advance of purchase-money to him by the decedent for the purchase of the San Francisco lot, but averring that the advance was for Hopkins’s benefit, and further averring that in the decedent’s lifetime he had sold all his…
1Opinion of the Court
The Court.
The grounds on which the nonsuit was asked were sufficiently stated. They are equivalent to the statement that the plaintiff had failed to prove a single allegation of his complaint. The plaintiff’s attorney, no doubt, understood what was meant by the statement made by the attorney for the defendants, viz., that the plaintiff had not proved a single material allegation of the complaint. We cannot say that the nonsuit was erroneously granted, for the reason that the grounds on which it was asked were not stated with the precision and definiteness that the law required.
Conceding that…
2Cited by5 opinions
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- Estate of McDanielCalifornia Court of Appeal · 1947