
    The People, on the relation of Hollister, vs. Madison Common Pleas.
    iasT right “to judgment;0raídered on an ex parte hea™& joined. A party in a mst.inft’ñ r.rmrt
    Motion for a mandamus in an appeal cause. Issue was joined before the justice, and the cause adjourned to a future ^aY' On the adjourned day, the defendant did not appear, the plaintiff proceeded and proved his declaration, and the jugt;ce rendered judgment for the plaintiff. The defendant appealed, and the plaintiff moved to quash the appeal; which motion was refused by the court. The court were now asked for a mandamus directing the common pleas to quash the appeal.
    /
    
      S. Chapman, for relator.
    
      J. A. Spencer, contra.
   By the Court, Sutherland, J.

The motion is denied. An ex parte hearing, after issue joined, is a trial within the meaning of the statute. The appeal was therefore correctly prosecuted.  