
    Augustus F. Camman vs. Jonathan Perrine.
    If die summons issued by the justice is for tlie defendant to “ appear at two o’clock — noon,” it is defective.
    If tlie justice adjourn the cause in the absence of the defendant, the summons not having been duly served, and give him no notice of the adjournment, and try the cause in his absence, the judgment will be reversed.
    This was a certiorari brought by Camman to reverse a judgment obtained by Perrine against him before a justice of tlie peace.
    The reasons relied upon for the reversal of the judgment by Vroom, for the plaintiff in certiorari, were—
    1. Because the summons issued in this cause by the justice is irregular, uncertain and void. In support of this reason he read the original summons, which was in the usual form except that it commanded the constable to summon the defendant to appear on the fourth of November, at two o’clock in the — noon of that day.
    2. Because the justice adjourned the cause in the absence of the defendant, and gave no notice to the defendant of such adjournment, and tried the cause in his absence. To verify this reason he referred to the transcript of the justice, which stated “ that the ^plaintiff appeared, filed 1ns state of [*254 demand, and adjourned until Friday, the 10th instant. The defendant did not appear. Friday, 10th, plaintiff appeared, went on to prove his account; after hearing the evidence, I gave judgment,'' &c.
   Ewing, C. J.

The justice tried the cause in the absence of the defendant; and it did not appear that the summons had been duly served. The return does not shew that it was served in proper season, without which the justice was not authorized to proceed. The summons is ’also defective. It is to appear at two o’clock — noon.

Let the judgment be reversed.  