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.