— It is stated in the record, that the constable returned the summons lawfully seiwed, and thereupon the justice proceeded in the absence of the defendant, to hear and determine the cause. This return of the constable did not justify such a proceeding. According to the opinion given in Layton v. Cooper,2 this return is insufficient.

I am, therefore, for reversing for this cause.

Rossell, and Pennington, Justices, concurred.

Judgment reversed.