Schwartz v. De Wit
CHRISTINA SCHWARTZ v. ANDREW DE WIT and H. SOPHIA DE WIT (Wife)
- Area
- civil
- Panel
- Solomon Heydenfeldt (author), William J. Murray, Jr., Lawrence F. Terry
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydenfeldt
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.
We concur: Murray, C. J.; Terry, J.