
    *Dean against Wade.
    ON CERTIORARI.
    Party obit is returned, 
    
    SCUDDER, moved
    to continue a rule on justice to taken at the last term. It had been served on the justice, but no return made by him.
    
      Hornblower.
    
    The party ought to have taken care to get the return made.
    
      
      
        Voorheis vs. Kerns, Pen. *966. Sockwell vs. Bateman, 1 South. 364.
      
    
   Court.

Merely to serve a rule is not enough. The party must shew that he has used due diligence to obtain the return, so that there may not be any delay. He must shew that the fault is in the justice or the other party. Rule refused.  