Wade

This is an appeal by the plaintiff from a judgment of nonsuit. There is a bill of. exceptions, which contains the evidence, and from which it appears that a nonsuit was granted; but the ruling of the court is not assigned or specified as error. Such an assignment has been held to be necessary to present the question to this court. (Schroeder v. Schmidt, 74 Cal. 459 ; see also Polack v. Gurnee, 66 Cal. 267 ; Malone v. County of Del Norte, 77 Cal. 217 .)

*411 The assignment of error is the pleading which points out the particular question raised and passed upon in the court below, and presented to this court for review. The bill of exceptions is intended to present the facts and the exception which sustains the point made, and thus reserved for our determination. (Pico v. Cohn, 78 Cal. 385 .) If this were not so, this court would be compelled, instead of looking to the assignment of errors for the questions presented, to search tlie whole transcript to find them; opposing counsel would have no means of knowing what points would be relied upon, until the briefs were filed in this court, and questions could be urged here that had never been called to the attention of the court below…

We concur in the judgment, on the ground last stated. The decision of the Department in Shadburn v. Daly, 76 Cal. 355 , is correct, in our opinion, and should be adhered to,

De Haven, J., and Thornton, J., dissented.