gno.law

Schwartz v. De Wit

California Supreme Court · No. 1192 · 1856-11-18 · Published · 1 Cal. Unrep. 40

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.