Van Doren v. Walker

As nothing is said about a constable’s being sworn, or having charge of the jury, the court cannot supply it by intendment. There are no words in the return to intend by. We might as well intend an issue joined, or a venire when nothing is stated. The justice must state, as the writ requires him, all -his proceedings, the whole history of the suit. When a proceeding so essential is omitted, we cannot consider it as done.

Judgment reversed.