Hyperlawhypertext legal database Craven v. Nolan 2 Cal. Unrep. 551

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Craven v. Nolan

2 Cal. Unrep. 551 Court Cal. Decision date 1885-11-19 Docket No. 8859 English

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Majority

p. 551
CRAVEN v. NOLAN.
No. 8859;
November 19, 1885.
8 Pac. 518.

Headnote

Nonsuit.—It is Error to Grant a Nonsuit Where the Plaintiff Gives Evidence tending to sustain the issues presented in the complaint.
APPEAL from Superior Court, County of Stanislaus.
Wright & Hazen for appellant; W. E. Turner for respondent.

There was evidence given on behalf of plaintiff tending to sustain the issues presented in the complaint ; therefore the court erred in granting the motion for

p. 552
nonsuit. The evidence should have been submitted to the jury. Judgment reversed, and cause remanded for a new trial.