
    MULFORD against PERINE.
    OH CERTIORARI
    There had been a trial below on the return day of the summons, in the absence of the defendant, who had not appeared to the suit. It was moved to reverse the judgment of the justice, on the ground that it did not appear by the record sent up that the summons had been duly served. The entry on the return of the summons in the justice’s docket was — “ Served the 23d by copy.” But whether the copy was served on the defendant, or one of his family, or a stranger, did not appear.
   By the Court.

The manner of serving the summons must be shown, in order to support a trial and judgment against the defendant, before appearance.

Judgment reversed.

Cited in Murat v. Hutchinson, 10 Harr. 46.  