Howell v. Capelli

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.