
    CRANE against CRANE.
    OH CERTIORARI.
    The justice makes the following entry in his docket on the return of the summons, to wit: “ The plaintiff appeared and filed his account, defendant did [314] not appeal’, and I gave judgment for the plaintiff.” It was alleged for error, that there was a judgment without trial, apparent on the face of the record; that it also appeared by the record that the plaintiff did not file any state of demand, but that the judgment was rendered on a note which, according to the justice’s return, was mislaid.
   The Coukt

being of opinion that here was a judgment without a trial, and that no legal state of demand was delivered the justice,

Reversed the judgment.  