
    VAIL against WRIGHT.
    ON CERTIORARI.
    A cause may not be tried in plaintiff’s absence.
    The action below was brought on a note. The parties had met before the justice, and the defendant had filed a set-off, on which the cause was adjourned. At the time of adjournment the plaintiff did not appear; the justice, in the absence of the plaintiff, proceeded to trial and allowed the set-off of the defendant- without examining witnesses.
   By the Court.

The plaintiff not appearing, the justice could not try the cause in his absence, he ought to have non-suited the plaintiff ;■ but even if he was right in proceeding to trial, the set-off of the defendant should have been proved.

Judgment reversed.  