
    
      Jared Stocking v. Elliot Driggs.
    
    
      ■ ERROR on a certiorari upon a judgment in a justice’s court.
    From the return, it appeared that the action below was brought against the now plaintiff, as the maker of a promissory note for 20 dollars; that after a plea of non-assumpsit, the defendant below prayed an adjournment, which being granted, the plaintiff, Driggs, appeared on the day given. The record then went on thus: “ And the defendant not appear- “ ing, although solemnly called, I, the said justice, “ proceeded on the producing the said note by the “ said plaintiff, and gave judgment for the plaintiff (C on the said note, for the sum of,” &c.
    
      Williams, for the plaintiff.
    
      W. Van Ness, contra.
   Per Curiam.

The judgment ought to have been e< on hearing the proofs and allegations” of the parties. The judgment must, therefore, be reversed, for it was error in the justice to give judgment till he had proof of the note. 
      
       1 Rev. Lavas, 497.
     