103 Cal. 251 | Cal. | 1894
This is an appeal by plaintiffs from a judgment in favor of defendants, and from an order denying plaintiffs’ motion for a new trial.
After the evidence on both sides was in, the court granted a nonsuit. Before the nonsuit was granted
As the order, granting the nonsuit is not assigned as error, no action of the court prior to the nonsuit need bé feiamined. We may say, however, that a nonsuit can be properly granted after the evidence on both sides is closed (Geary v. Simmons, 39 Cal. ,224; Vanderford v. Foster, 64 Cal. 49), and that findings are not required in a case of nonsuit. (Reynolds v. Brumagim, 54 Cal. 254; Gilson etc. Co. v. Gilson, 47 Cal. 601.)
- Judgment and order affirmed.
De Haven, J., and Fitzgerald, J., concurred..