Toulouse v. Pare

Citations

• 103 Cal. 251
• 37 P. 146
• 1894 Cal. LEXIS 760

Syllabus

<p>Nonsuit—Error of Law—Motion For New Trial.—When a nonsuit is granted, and the plaintiff makes a statement on motion for a new trial, he must insert in his specification the alleged error in granting a non-suit as an error of law, and if it is nowhere assigned as error it cannot be assailed upon appeal.</p> <p>Id.—Nonsuit After Close of Evidence.—A nonsuit can be properly granted after the evidence on both sides is closed.</p> <p>Id.—Findings.—Findings are not required in a case of nonsuit.</p>