Howell v. Capelli

Appellate Division of the Supreme Court of New York

Howell v. Capelli

9 A.D. 18, 41 N.Y.S. 105

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 1, 1896

StatusPublished

Cited by2 cases

This text of 9 A.D. 18 (Howell v. Capelli) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Howell v. Capelli, 9 A.D. 18, 41 N.Y.S. 105 (N.Y. Ct. App. 1896).

Pincite

Opinion

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.

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