
    *Scoffield and Wife against Loder.
    Where the tenant on a writ of right, vouches, and a writ of summons issues which is irregular in its service, or defective in the return, an alias summons, will be granted against the vouchee.
    On a writ of right.
    The tenant having vouched one Hunter, a writ of summons was issued, the service of which was irregular, or its return by the sheriff was defective, no proclamation appearing to have been made.
    
      Hiker,
    
    for the demandant, moved for judgment against the tenant.
    
      Munro,
    
    contra, applied for an alias summons against the vouchee.
   Per Curiam.

The tenant is entitled to an alias summons The insufficient service of the first writ, or its defective return, is not imputable to him, and he ought not to be placed in a worse condition than if nihil had been returned. Let an alias issue.

Motion denied.  