
    *Case against Van Ness.
    On a return to &-certiorari to a justice, it is error, if it appear that the court was not held at the place mentioned in the summons, and a judgment was given by default.
    On certiorari from a justice’s court.
    The exception relied upon for the plaintiff in error was, that it did not appear from the justice’s return, that he held his court at the place appointed in the summons.
    
      Emott, for the plaintiff,
    Woodworth., for the defendant
   Per Curiam.

This exception is fatal, as the defendant below did not appear, and the judgment against him was given by default,

Judgment reversed. 
      
       See Stewart v. Meigs, 12 Johns. R. 417. Also Stewart v. Smith, 17 Wend. 517. For the form and general requisites of a certiorari to a justice of the peace, see Co wen’s Treatise, 2d edit, 1093, 1096.
     