
    Cudner against Dixon.
    tice, if the dedefeat mi afe aonaiiyserved, cannot give judgment for the" plaintiff, without proof of his demand; but it must be sanm'manner fendaiitheap-" peered and denied it, In an action lipfrirfi a iilQ.
    IN ERROR, on certiorari, from a justice’s court. Dixon sued Cudner, béfore the justice, for work and labour, &c. The plaintiff appeared on the return of the summons, but the defend-being called, made default. The plaintiff exhibited his account to the justice, who, on the default of the defendant, gave judgment for the plaintiff, without any proof of the plaintiff’s déj mand*
   Per Curiam.

It has been frequently decided, that though the defendant makes default before a justice’s court, yet the plaintiff must prove his demand in the same manner as if he had appear-e(j and denied it. The act says, that if the defendant does not , „ , , appear, and the summons is returned, personally served, or if he does appear, &c. the justice shall proceed to hear and examine the proofs and allegations, &c. !}•})

Judgment reversed.  