
    [118] [*] MOSLANDER against HAYS and others.
    OH CERTIORARI.
    Party craving a venire, not to procure its service.
    In the progress of the cause below, the defendant had requested a jury; a venire had been issued, and the cause adjourned. On the next meeting, the cause was tried by the justice without a jury; the justice assigning as a reason, the defendant’s not having the venire served.
    
    
      White, for plaintiff.
   By the Court.-

— It is not the duty of the defendant to see to the service of the venire; it would be wrong even for him to meddle in it. The defendant before the justice, was by law entitled to a jury, being deprived of which, is an injury, and the doing of it error. Therefore, for this cause, the judgment must be reversed.  