Schwartz
Schwartz v. De Wit
1 Cal. Unrep. 40
Supreme Court of CaliforniaNovember 18, 1856No. 1192California65 words
Lead Opinion
Heydenfeldt, J.
— The plaintiff was entitled to judgment against- the defendant, who failed to answer, and this makes the nonsuit erroneous. The court below was certainly right in correcting this error by setting aside the nonsuit and ordering a new trial. In another trial the plaintiff may obtain in the district court that which he seeks, and therefore this appeal is not properly taken.
Order affirmed.