
    McDonald, Appellant, v. Babcock.
    
      Appeals — Entry of nonsuit.
    
    An appeal does not lie from an order of tbe court below entering a nonsuit; only from the refusal to take it off.
    Argued October 13, 1920.
    Appeal, No. 117, Oct. T., 1920, by plaintiff, from order of O. P. Allegheny Co., July T., 1917, No. 1534, entering nonsuit, in case of Morgan McDonald v. E. V. Babcock, Mayor, et al.
    Before Brown, C. J., Frazer, Walling, Simpson and Kephart, JJ.
    Affirmed.
    
      December 31, 1920:
    Issue in mandamus proceedings. Before Carpenter, J.
    At the trial, the court entered a nonsuit which it subsequently refused to take off. Plaintiff appealed.
    
      Error assigned was entry of nonsuit.
    
      R. P. Lewis, with him Frank I. Gosser, for appellant.
    
      Hermann F. Ruoff, with him Charles A. O’Brien, for appellees.
   Per Curiam,

Even if there were merit in this appeal it would have to be dismissed, for the refusal of the court to take off the nonsuit has not been assigned as error. An appeal from the entry of it does not lie, but only from the refusal to take it off: Bausbach v. Reiff, 237 Pa. 482; Nazareth Foundry & Machine Company v. Marshall et al., 257 Pa. 489.

Judgment affirmed.  