
    COOPER v. ROBERTS.
    On Certiorari to a Justice of the Peace.
    A constable’s return to a summons, that he left a copy at defendant’s house &c. without stating “ the defendant not found,” is defective.
    
      
      Mr. Chapman,
    
    moved for a reversal of the judgment of the justice.
    1. Because, in the summons, the day of appearance, and the sum demanded, were in figures. 1 Harr. Rep. 23. Ross v. Ward.
    
    2. Because the constable’s return states the service of the summons by “ leaving a copy ” &c. without saying “ the defendant was not found.” Rev. Laws, 630 s. 6.
   By the Court.

This case differs from that of Ross v. Ward. In that, the summons was unmeaning and unintelligible. The use of figures is not fatal. But the second objection is well taken. On that ground let the judgment be.

Reversed.

Cited in Gardner v. Small, 2 Harr. 163.  