
    Stewart against Meigs.
    ifajusticetry Piacea deferent tinned in the summons, itisao irregularity, for which the judgmeat win be reversed.
    IN ERROR, on certiorari to a justice’s court.
    • A summons was issued, at the suit of Meigs, against Stewart, and returnable at the house of Clark Lawrence, inn-keeper, on 1 , - ,i «7 .«.ii-ir a the 26th ox April, 1813, at nine o’clock m the forenoon. At , , . , r ^ ii the time and place appointed, Stewart, the defendant below, , a a ' ? appeared before the justice, and, after waiting there one hour, without the plaintiff appearing, he applied to the justice to be discharged from the cause ; to which the justice answered, that he would not proceed, nor do any thing in the cause, until the summons was returned. The defendant then said that he had employed one Battle as his counsel; and the defendant and the justice then left Lawrence's house together. At 11 o’clock the constable returned the summons to the justice, at the justice’s house, who then and there called the parties, when the plaintiff appeared, but not the defendant. The justice seeing Battle there, requested him to appear for Stewart, but he declined1, and went away. The cause was heard ex parte, and judgment given for the plaintiff.' ^
   Per Curiam.

Whether the delay at Lawrence's house would operate as a discontinuance, need not be decided. The trial of the cause at the justice’s own house, a different place from that appointed in the summons, was irregular, and the judgment must be reversed. (Case v. Van Ness, 1 Johns. Cas. 243.)

Judgment reversed.  