¶1This is an appeal from a judgment of nonsuit. The record shows that the nonsuit was granted on the motion of the plaintiff, and an appeal by him does not lie in such cases. (Imley v. Beard, 6 Cal. 666.)
¶2The judgment is therefore affirmed.
22 Cal. 456
Sleeper v. Kelly
Decided July 1, 1863
California Supreme Court · decided 1863-07-01
This was an action of ejectment and tried by a jury. Plaintiff, to show his title, offered in evidence a certain deed, which, on objection of defendant, was excluded and plaintiff excepted. Plaintiff then rested and moved the Court to allow a judgment of nonsuit to be entered, which was accordingly done. Afterwards plaintiff moved to set aside the judgment and for a new trial on the ground that the Court had erred in excluding his evidence.
Relies on Deck's Estate v. Gherke
Good law ✅— No negative treatment on recordhow we know
Decided 1863-07-01
How this case has been cited
Cited by 6 later decisions — most recently May 1900
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →