
    HOLLIDAY against LARGE.
    ON CERTIORARI.
    A justice cannot try a cause in plaintiff’s absence.
    The cause below was at issue, and the trial adjourned. On the day of adjournment the plaintiff did not appear, but the defendant did, when the justice tried the cause in the absence of the plaintiff, by jury. This was assigned for error.
   By the Court.

The justice could not legally proceed to trial under the circumstances of this case. The remedy for the defendant was to move to nonsuit the plaintiff for not proceeding in the cause. The plaintiff was the actor, and the case must be tried on his motion.

Judgment reversed.  