
    [*] CARY against FORSYTH.
    ON CEKTIOEAEI.
    Reversal, because trial by jury was refused.
    On a demand made on the defendant below for $37.50, the defendant, after appearance of the parties before the justice, demanded a jury, whidh the justice did not grant, but tried the cause himself, and rendered judgment for the plaintiff below for $32 debt, with costs; there was an appeal to the common pleas, on the ground of no jury having passed on the cause below; the common pleas rendered judgment for the plaintiff before the justice.
   By the Court.

The plaintiff in this court, who was the defendant below, had by law a right to have his cause tried by a jury; he has been unlawfully deprived of that right: therefore, judgment must be

Reversed.  