
    COOK, Adm. of Denise, against HENDRICKSON. [249]
    OÍT OEBTIOBABI.
    Defective return on summons cured by appearance and plea. Judgment for damage, in action of debt, no cause for reversal.
    
    The first error complained of in the proceedings below was, that the return of the constable to the summons was defective. The fact appeared to .be so; but the defendant appeared on the return day of the summons, and^filed a plea. It was not contended, but that the appearance and plea would have cured the defect in the return; but it also appeared, that after the appearance and filing the plea, the defendant below moved the justice to nonsuit Jthe plaintiff for the ■defect in the return; and that the justice refused to nonsuit on that ground.
    
      
       So by adjournment by objecting party. Post, 653.
      
    
    
      
       Nor is verdict and judgment for debt, in covenant. Post, 375.
      
    
   By the Court.

— -The justice did right; it was too late, after appearance and filing a plea, to take advantage of the defect in the return of the summons.

The second objection to the proceedings of the justice was, that the action was an action of debt; and that the verdict and judgment was for damages. But the [*] court said, that was a mere verbal mistake, for which t they never reversed a judgment — and affirmed the judgment.

Cited in Meeker v. Potter, 2 South. 586; Murat v. Hutchinson, 1 Harr. 46; Steward v. Sears, 7 Vr. 175; McQuade v. Emmons, 9 Vr. 400.  