Howell v. Capelli
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Capelli, from a judgment of the County Court of the county of Columbia in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 19th day of June, 1895, upon the decision of the court rendered upon an appeal from a judgment rendered by a justice of the peace, and also from an order of said County Court bearing date the 13th day of June, 1895, and entered in said clerk’s office, affirming the judgment rendered…
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Appeal by the defendant, John Capelli, from a judgment of the County Court of the county of Columbia in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 19th day of June, 1895, upon the decision of the court rendered upon an appeal from a judgment rendered by a justice of the peace, and also from an order of said County Court bearing date the 13th day of June, 1895, and entered in said clerk’s office, affirming the judgment rendered by the justice of the peace. Upon the return of the summons the parties appeared in the Justice’s Court, the plaintiff…
1Opinion of the Court
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.