Miller v. Wade

Citations

• 87 Cal. 410
• 25 P. 487
• 1891 Cal. LEXIS 992

Syllabus

<p>Nonsuit—Bill of Exceptions—Specifications of Error — Appeal.— On an appeal from a judgment of nonsuit, the ruling of the court in granting the nonsuit cannot be reviewed unless the. bill of exceptions assigns or specifies the ruling of the court as error.</p> <p>Id. — Review of Evidence — Time for Appeal — Construction of Code. — The ruling on a motion for a nonsuit is a “decision,” within the meaning of section 939 of the Code of Civil Procedure, and as the whole question depends upon the sufficiency of the evidence to sustain the decision of the trial court upon the motion, the appeal must be taken within sixty days, to be available for a review of the ruling.</p> <p>Id. —Review of Judgment of Nonsuit — Grounds of Motion — Waiver. — Where a nonsuit is granted, the decision of the trial court will be upheld, if the ruling can be justified on any ground, whether made a ground of the motion or not, and the fact that the record does not show the grounds upon which the motion was made, or that any grounds were assigned, will not justify a reversal of the judgment of nonsuit.</p> <p>Id. ■— Waiver of Grounds of Motion. — An appellant whose motion for nonsuit is denied must show that he pointed out to the court below the grounds of his motion, and any ground not there urged is waived; but this rule can have no application where the decision is in favor of the moving party.</p>