Wilson

The plaintiff sued to recover damages for personal injuries alleged to have been caused by the defendant’s negligence. At the close of the evidence for the plaintiff the court, on defendant’s motion, granted a nonsuit. The plaintiff appeals.

The respondent objects to the consideration of the appeal on the ground that it was taken from the ruling granting the nonsuit, and not from the final judgment. The notice of appeal states that the plaintiff appeals “from the judgment of nonsuit and dismissal therein entered in said superior court on the 18th day of January, 1912.” The judgment was in fact rendered on that date. This appears from the reporter’s transcript of the proceedings on the trial, but not in the judgment-roll. The judgment of nonsuit or dismissal as entered by the clerk in the minutes, as required by section 581 of the Code of Civil Procedure, was not made until February 10, 1912. It is this discrepancy upon which the respondent relies. There is no merit in the objection. The entry in the minutes under date of February 10, 1912, was a judgment of nonsuit. (Code Civ. Proc., sec. 581; Matthai v. Kennedy, 148 Cal. 699 , [ 84 Pac. 37 ].) The notice of appeal incorrectly…