Wood v. Ramond

Citations

• 42 Cal. 643

Syllabus

<p>Nonsuit may be Waived and Judgment Taken on Mekits.—A defendant, conceiving that the plaintiff has failed to prove his case, may waive a motion for a nonsuit, and proceed to prove his own case, and have judgment on the merits.</p> <p>Judgment on Merits not to be Taken after Nonsuit.—If a defendant move for a nonsuit, and it be granted, he cannot have judgment on the merits.</p> <p>Nonsuit on Motion of Defendant.—A nonsuit granted on motion of the defendant is equivalent in its operation on the action to a dismissal with the consent of the defendant, even if the defendant has set up new matter and asked for affirmative relief in his answer.</p>