
    ROBERT A. HOUSTON vs. BENJAMIN MELSON.
    There can be no trial by referees, unless the defendant has appeared.
    Certiorari to Justice Russell.
    
      Mr. Cullen, for the plaintiff in error.
   Demand on account, for $10 00. Summons issued and returned and service verified. The defendant did not appear; and the justice allowed a trial by referees, at the request of the plaintiff. This was the exception; and upon it, the Court reversed the judgment. (Code, 342.)  