
    JOHN RUTH vs. JAMES LUNNEY.
    A justice of the peace cannot give judgment merely on the allegations of the parties; he must require proof.
    
    Certiorari to Justice Robinson.
    The action was on an order given by the supervisor of the roads to Lunney, on Ruth the collector, and the propriety of the judgment in the case depended on the question whether the order had been accepted. On the subject of proof, the record showed that no testimony was heard, and that the cause was decided by the justice on the “ allegations” of the parties. On this ground the judgment was
    
      Gray, for plaintiff in error.
    
      Rodney, for defendant.
   Reversed.  