Per Curiam.
This exception is fatal, as the defendant below did not appear, and the judgment against him was given by default,(a)
Judgment reversed.
(a).
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.