Carver v. Ketchum

This action is one in conversion. The cause was tried by the court and a jury upon the amended complaint of appellant and respondent’s amended answer. At the close of appellant’s evidence a motion for nonsuit was sustained and judgment was entered thereon, from which judgment this appeal is prosecuted.

Appellant assigns as error the action of the trial court in granting the motion for nonsuit, in dismissing the action and in considering matters not raised by defendant’s motion for nonsuit.

The first ground of defendant’s motion for nonsuit is “that the complaint in this case does not state…