Howell v. Cappelli

Appellate Division of the Supreme Court of New York

Howell v. Cappelli

75 N.Y. St. Rep. 566

Appellate Division of the Supreme Court of the State of New York·Decided September 22, 1896·Published

Opinion

L ANDON, 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., §§ 3013, 2861. 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 concur.

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L ANDON, 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., §§ 3013, 2861. 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 concur.

Howell v. Cappelli, 75 N.Y. St. Rep. 566 (N.Y. Ct. App. 1896).

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