
    M'Carty against M'Pherson
    Where the justice did not open hie comí, for more than two hours, after the tima appointed an the svmmoai s and then adjourned the cause to an®» ther days when he hoard tlie cause eK parte; it was field that this delay amounted to a AisamliaiitMt of til® oast.
    IN ERROR, on certiorari, from a justice’s court. The sunu ¡¡tons was made returnable before the justice at two o’clock, p„ M, The justice appeared at the place appointed in the summons, at half past four o’clock, P. M^gnd opened his court 5 and the defendant not appearing, made inquiry whether the defendant had been there, and being informed that he had not, the justice adjourned the cause to another day, and proceeded to hear the evidence on the part of the 'plaintiff, for whom he gave judgment»
    Sherwood for the plaintiff in error
    
      Root, contra;
   Per Curiam.

The delay on the part of the justice to open Ms court, for more than two hours, after the time appointed in the summons, and Ms subsequent adjournment of the cause, amounted to a discontinuance of the suit. (Proudfit v. Henman, 3 Johns. Rep. 391.)

Judgment reversed  