Howell v. Capelli

Full title: WILLIAM N. HOWELL, Respondent, v . JOHN CAPELLI, Appellant

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 1, 1896

9 App. Div. 18 (N.Y. App. Div. 1896)

41 N.Y.S. 106

Opinion

September Term, 1896.

John L. Crandell, for the appellant.

Mark Duntz, for the respondent.

LANDON, J.:

The plaintiff having failed to appear upon the adjourned day, either in person or by attorney or agent, we think the statute required the justice to render a judgment of nonsuit with costs against him. (Code Civ. Proc. §§ 2861, 3013.) We do not think, in view of the statement made by the person representing the defendant, that he consented to the adjournment.

Judgment, reversed, with costs.

All concurred.

Judgment of County Court and of Justice's reversed, with costs.