
    DESPREAUX against BARBER.
    OS CERTIORARI.
    Barber sued Despreaux before the justice, by summons. Despreaux was absent from his home, and the constable returned that he had served the summons by leaving a copy at the defendant’s honse, with his housekeeper, whom he informed of the contents. [*] The defendant did not appear, and there was judgment against him.
    
      Ewing, for plaintiff.
   By the Court.

The return is not such as is required by the act, to enable the justice to try the cause in the absence of the defendant.

Judgment reversed.  