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Markby, J.—Does not that section not that section apply only to cases in which the soil has been partly heard?] There was a part hearing on the day on which the adjournment was made. The record will show that the plaintiff appeared on that day, and that the defendant did not appear. Under a strict interpretation of the Procedure Code, I should say the defendant can appeal as a matter of right.] If the Court is bound to allow the defendant to defend the case, it has power to put him upon terms, and I would ask for a postponement, and that he should be ordered to file a written statement, and that the costs of the postponement should be borne by him.
I think there must be costs in the cause.]