
    Pinchin versus Fry.
    ON the return of a Certiorari to one of the Justices of Philadelphia county, it appeared, that the Defendant had been summoned to answer to-morrow, that is, on the day succeeding the date of the summons, for a debt under forty shillings; that the matter in dispute was then referred to three men, who reported the sum of £ 2. 2. 4. due to the Plaintiff; and that for the amount of this report, the Justice had entered judgment with costs.
    
      Levy
    
    moved to reverse the judgment—1st, Because the summons was returnable on the next day, whereas the act of Assembly requires that there should be allowed a time not less than five, nor exceeding eight days. 1 State Laws 204. And 2dly, Because the summons was to answer a debt under forty shillings, and the judgment was for a greater sum.
   By the Court:

Let the judgment be reversed.  