
    Marsh against Eastman.
    On certiorari, the defendant cannot compel a
    His course is to non pros the ror’if hedoes not cause a made! l° be
    On certiorari to a Justice’s Court. The parties had pro- . 1 r ceeded to an issue of in nullo est erratum, without the Justice’s having made any return ; and now,
    A motion was made, on the part of the defendant, for a rule requiring the Justice to make a return.
   Curia.

He should non pros the plaintiff, if he does not cause a return to be made. The defendant has no right to call upon the Justice to make a return, This is the business of the plaintiff.

Motion denied.  