(DOWNLOAD) "Nicholson V. Henderson" by Supreme Court Of California In Bank # Book PDF Kindle ePub Free
eBook details
- Title: Nicholson V. Henderson
- Author : Supreme Court Of California In Bank
- Release Date : January 05, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
CURTIS, J. -- Appellants, plaintiffs in this action filed a complaint seeking to impress a trust and to quiet title to a parcel of land. Subsequently they filed an amended complaint in which they asked for the same relief. We will refer to plaintiff's final pleading as the complaint rather than as the amended complaint. Respondent, the defendant, filed an answer to the complaint, and also sought by cross-complaint to have her title quieted to the same parcel of land described in the complaint. During the trial, the court granted respondent's motion for a nonsuit on the complaint, which order was entered in the clerk's minutes on March 12, 1943.The entry reads, "Defendant's Motion for a nonsuit on the Complaint is granted on the grounds of insufficiency of the evidence." After the granting of respondent's motion for a nonsuit, the cause proceeded to trial on the cross-complaint and answer thereto. When the trial was completed, judgment was entered upon the cross-complaint alone in favor of respondent. The judgment was dated March 22, 1943, and contains, among other matters, the following recitals: "The above-entitled cross-complaint, and the action thereon, duly and regularly came on for trial before the above-entitled court . . . William H. Haupt, Esq., appearing for the cross-complainant, and Messrs. Earl Oakley, Esq., and George R. Wickham, Esq., appearing for the cross-defendants, and evidence having been adduced, . . . and the court having duly made and eaused to be filed herein written findings of fact and conclusions of law . . .