Fogel

The complaint in this action consists of two counts; one of conspiracy, -wherein it is charged that the two defendants Schmalz, in company with one Livingstone and one Cohen, co-defendants, conspired with one Parado to cheat and defraud Greensweig & Co.out of large quantities of jewelry, and that such conspiracy was successful, etc.; and the second count alleges a conversion of the said property by these defendants, and praying damages. Judgment went for the plaintiff, and this appeal is prosecuted by the defendants Schmalz from the judgment and order denying a new trial, the action having been dismissed as to the other defendants by the trial court.

In this record we find what purports to be a statement *413 on appeal, made after a motion for a new trial, upon the minutes of the court, and in that statement it appears that a motion for a nonsuit was made and denied, and an exception to the ruling of the court entered. This ruling is relied upon as error, and under the authority of Warner v. Darrow, 91 Cal. 309 , it cannot be questioned but that an error of the trial court committed in granting or denying a motion for a nonsuit is an error of law, and, as such, can be reviewed…