
    [*] SUTTON against COLEMAN and others.
    OH CEBTIORABI.
    Justice cannot issue venire until appearance of defendant.
    The reason assigned for reversing the judgment below, was that the justice, on the motion of the plaintiff, issued a venire for a jury, before the defendant appeared, and this fact being supported by the record:—
    
      II. Stockton, Attorney for plaintiff.
   By the Court.

— It must be reversed for that cause; by the act of Assembly, the justice cannot award jury process, until the appearance of the defendant. Pat. 816, § 20. 
      
       Vide South. 501, Rev, 544- Ed.
     