
    JOHNSTON, SUPERVISOR, v. HANNA.
    Error — justice’s judgment — certiorari—day in court.
    Every party in adversary proceedings must have day in court, and if he have not and has not waived his right, the judgment against him is erroneous.
    Error to the Court of Common Pleas. The record disclosed, that a judgment of a justice of the peace had been brought up on a writ of certiorari, into the Court of Common Pleas, and reversed, without any notice to the defendant in certiorari, or appearance, or waiver. To reverse this judgment of the Court of Common Pleas this writ of error is prosecuted.
   By the Court.

Every party, in adversary proceedings, must have day in court. Here the defendant in certiorari, was never notified that any proceedings were had against him, and never ap-' peared. The judgment of the Common Pleas, in reversing the judgment of the justice, must be reversed, with costs, and the cause remanded to the Common Pleas for further proceedings.  