Snell

This action was brought by the plaintiff Snell to foreclose a lien for materials furnished for and used in the construction of certain buildings on the land of defendant Payne. After plaintiff had introduced his evidence the defendant moved for a nonsuit. The nonsuit was granted and judgment entered for defendant; the plaintiff appeals from the judgment upon the judgment-roll and a bill of exceptions.

Respondent contends that the merits of the appeal cannot be considered because the bill of exceptions does not contain any specification of errors; but this contention cannot be maintained, because it has been frequently held by this court that a bill of exceptions, except as to the ground that a finding or decision is not supported by the evidence, need not contain specifications of error. (Reay v. Butler, 69 Cal. 572 ; Shadburne v. Daly, 76 Cal. 355 ; Hagman v. Williams, 88 Cal. 146 .)

The grounds upon which the motion for a nonsuit was made do not appear, except so far as they may be gathered from findings which the court filed at the time the motion was granted; but these so-called findings cannot be considered where the case was decided upon a motion for nonsuit. It appears,…