
    [†] COOPER against MADARA.
    ON CERTIORARI.
    Judgment without trial, in defendant’s absence, reversed.
    The action below was brought to recover an account for carpenter’s work. At the day of trial, the defendant below, who is the plaintiff in this court, did not appear. The justice entered in his docket, that after examining the account of the plaintiff, he gave judgment for dols. 17.88, which was the exact amount of the state of demand; no witnesses were examined.
   By the Court.

This must be a judgment without trial. The demand is of a nature to require proof by witnesses; none were sworn. The defendant was not present to confess the right of action; but the [400] justice rendered judgment on looking at the account. There must be a trial to justify a judgment in the absence of the defendant.

Judgment reversed. 
      
       The case of Ridgway v. Hopewell, was reversed for the same cause, this term.
     