Schwartz v. De Wit

California Supreme Court

Schwartz v. De Wit

1 Cal. Unrep. 40

CourtCalifornia Supreme Court

DecidedNovember 18, 1856

DocketNo. 1192

StatusPublished

This text of 1 Cal. Unrep. 40 (Schwartz v. De Wit) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schwartz v. De Wit, 1 Cal. Unrep. 40 (Cal. 1856).

Pincite

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.

We concur: Murray, C. J.; Terry, J.

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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.

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Bluebook (online)

1 Cal. Unrep. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-de-wit-cal-1856.