
    [239] HALSEY against NUTMAN.
    ON CERTIOBABI.
    Defect in return of summons cured by defendant's appearance, and in return of venire, cured by verdict.
    The action below was brought by the defendant in certiorari, grounded on a book account. It was tried by a jury, and verdict and judgment for the plaintiff below.
    
      Mr. Halsey assigned for error—
    1st. That more costs were allowed by the justice than the law allowed.
    2d. Because the constable’s return to the summons was not made in conformity to law.
    3d. That the venire was defectively returned.
    4th. That the justice’s record was incomplete, and not in conformity to law.
   Kirkpatrick, C. J.

— The reasons assigned for the reversal of this judgment are so general, that it is difficult [*] to find out on what the plaintiff really relies. Most of them certainly are not founded in the record. As to the complaint about the excess of costs, if there he ground for it, it ought to have been verified, and then we could have given relief; but I see nothing from which we can with certainty infer the fact.

Rossell, J.

— The reasons assigned are not supported by the transcript. Judgment ought to be affirmed.

Peenington, J.

— Concurred in affirming. The irregularity, if any, in the return of the summons, is cured by the appearance of defendant, and that in the return of the venire, by the verdict.

Judgment affirmed.  