Schimming

Miller v. Schimming

Good Law
129 Cal. App. 171·1933 Cal. App. LEXIS 993·18 P.2d 357
Court of Appeal of CaliforniaJanuary 24, 1933Docket No. 651.California2,198 words

Opinion

Lead Opinion

Jennings, J.

This is an appeal by defendants from a judgment in plaintiff’s favor. The evidence produced during the trial of the action was submitted to a jury, which returned a verdict in favor of plaintiff in the amount of $3,500. Thereupon the judgment from which this appeal has been taken was rendered.

Upon the conclusion of plaintiff’s case defendants moved for a nonsuit. The motion was denied. After all of the evidence had been presented and prior to the submission of the case to the jury defendants moved the court to direct the jury to return a verdict in favor of defendants. This motion was likewise denied. Following the return of the verdict in plaintiff’s favor defendants moved the court to enter judgment in their favor notwithstanding the verdict. This motion was denied. Thereafter defendants presented a motion for a new trial, which was also denied. It is urged on this appeal that the trial court erred in denying the aforesaid motions and that the verdict and judgment are not supported by the evidence and are contrary to law. These various contentions finally resolve themselves into the single contention that the judgment is not supported by the evidence.

The record on appeal…

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