
    [*] SMITH against HARKER and HARKER.
    ON CERTIORARI.
    The record below sent up by the justice, was in the following words:
    
      
    
    It was moved in behalf of the plaintiff in certiorari to reverse this judgment, on the ground that the [327] proceeding below was erroneous; that a scire facias could not be issued by a justice of the peace; and even if he had that authority, yet that it did not appear that it had been served, but only that the defendant did not appear, nor did it appear in what manner Peter Smith had become security, whether by recognizance, confessing of judgment, or a verbal promise to pay in case Fairholm did not.
   By the Court.

This proceeding is wholly irregular, and cannot be supported; therefore, judgment must be

Reversed.  