By the Court,
Beardsley, J.The judgment of the justice was rendered by him in favor of his second cousin. Their consanguinity was, in effect, admitted on the trial. The judgment was void and should have been reversed by the common pleas. (2 R. S., 275, §2; Edwards v. Russell, 21 Wend., 63; Foot v. Morgan, 1 Hill, 654.)
Judgment of the common pleas and of the justice reversed.