
    Anonymous.
    ON CEETIOEAEI.
    If the plaintiff discharges the defendant from arrest on a warrant, upon the defendants promising to appear heforo the justice, and the defendant does not appear, and the plaintiff takes judgment in his absence, the judgment will be reversed.
    
      The plaintiff in certiorari, who was the defendant below, was arrested on a warrant from a justice of the peace. The plaintiff below told the defendant he might go at large, upon his promising to appear before the justice, on a certain day, to answer the plaintiff’s demand. The defendant did not appear before the justice according to his agreement, and the plaintiff took judgment against-him in his absence. «
    
      Jeffers,
    
    now moved to reverse this j udgment.
   Per Curiam.

The permitting the defendant to go at large, upon his promise to appear, was essentially a discharge. There never was any appearance to the action, therefore,

Let judgment be reversed.  