
    [114] [*] SHINN against EARNEST.
    OH CERTIORARI.
    Return of summons “ lawfully served,” by constable, error.
    
    The constable returned the summons in this cause, lawfully served, without showing the manner of service; there was no appearance of the defendant to cure this defect; no witnesses were examined — and the justice in his record, says: That after waiting a considerable time, he gave judgment in favor of the plaintiff. This must have been without evidence. These two causes having been assigned' for error, and fully appearing on the record, the court
    
      
       Vide ante, *58, *63, *84, *95. 1 Halst. 130. 1 South. 108.
      
    
   Reversed the judgment.

Cited in Stults v. Outcalt, 1 Halst. 130; Stults v. Outcalt, 1 Halst. 158; Murat v. Hutchinson, 1 Harr. 46.  