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Judgment
L.S. Jackson, J.—The only ground taken before us in this special appeal is that the lower appellate Court had no jurisdiction to entertain the appeal, inasmuch as the case had been decided against the defendant ex-parte. This contention is founded upon section 119 of Act VIII of 1859; but that section will not support the argument. The words of that section are "no appeal shall lie from a judgment passed ex parte against a defendant who has not appeared." In this case the defendant not merely had appeared, but he had been present at the first hearing of the cause, and was merely absent at the adjourned hearing, that is, when the adjourned hearing commenced; but came into Court before the Munsiff had actually recorded the judgment, and also his evidence was on the record. The special appeal must be dismissed with costs.
Markby, J.
I am of the same opinion.