Case v. Van Ness

Per Curiam. This exception is fatal, as the defendant below did not appear, and the judgment against him was given by default,(a) Judgment reversed. Footnotes [(a)] See Stewart v. Meigs, 12 Johns. R. 417. Also Stewart v. Smith, 17 Wend. 517. For the form and general requisites of a certiorari to a justice of the peace, see Co wen’s Treatise, 2d edit, 1093, 1096.