
    CHRISTINA SCHWARTZ, Respondent, v. ANDREW DE WIT and H. SOPHIA DE WIT (Wife), Appellants.
    No. 1192;
    November 18, 1856.
    Nonsuit — Failure of Defendant to Answer. — A nonsuit in a canse in which the defendant had filed no answer may properly be set aside, and there should be a new trial awarded the plaintiff.
    APPEAL from Twelfth Judicial District, San Francisco County.
    Baker, Dawes & Westar for respondent; J. C. Albertson and James McCabe for appellants.
   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.  