[On December 28, 1»75, a case was tried before a justice ; on February 4, 1876, defendant sued out a writ of certiorari-, on April 14, it was presented to plaintiff’s attorney for an acknowledgment of service, which was refused; at the October term, 1877, on the motion of plaintiff in certioraA'i, the case was dismissed; in February, 1878, he renewed his petition; on the hearing the court overruled it, and he excepted. For the other facts, see the syllabus.]