
    [*o] WRIGHT against RAMSEY.
    ON CERTIOKARI.
    The action below was brought against Ramsey by Wright. On the return of the warrant, the justice made the following entry in his docket, as sent up on the return of the certiorari: “The warrant returned with the defendant brought forward. Jacob Woolly then came forward and said that he was accountable ■ for Phineas Wright, as his clerk, and did assume the defense of Phineas Wright, and filed a statement of defense, on which the plaintiff requested a trial by jury, which I allowed, and dismissed Phineas Wright from custody.” The cause was tried, and on the finding of the jury, the justice made the following entry: “ They find for the plaintiff, $25, which I enter against Jacob Woolly, who said that he was accountable for Phineas Wright, and would assume his defense.”
    The counsel for the plaintiff in error, now moved the court to reverse this judgment, for that the justice had illegally and improperly entered judgment against Jacob Woolly, who was no party to the action, and against whom no process had issued.
   [312]

By the Court.

These proceedings are irregular, and must be set aside, and rendered null. If Mr. Woolly was to be made a defendant, in the room of Wright, his clerk, the action against Wright should have been discontinued, and a new one instituted against Woolly. This might have been done by consent of parties; and possibly this was really intended: but it does not appear by the record to have been done. The declaration which was sent up, is actually against Wright. Proceedings made void.  