Joseph Hoffecker v. John Eaton Jr. for the use of John H. Bewley

Joseph Hoffecker v. John Eaton Jr. for the use of John H. Bewley. To sustain a judgment rendered by a Justice of the Peace, it must appear from the record that the Justice heard the case, and that the judgment was rendered on his hearing of it; also that he heard the allegations and proof of the parties. Certiorari. The record sent up showed the appearance of the parties, the issue of subpoena for witnesses for defendant, several adjournments of the case at the instance of both parties to enable them to procure witn-. sses and concluded as follows; And now, to wit, April 8th 1857, the parties met and effected no settlement of their accounts, the witness, James Enos, having appeared without his book, whereupon the plaintiff demanded judgment, and judgment is hereby given for the plaintiff against the defendant for twenty-one dollars &c. The exceptions were, first, that it did not appear from the record that there was any hearing of the case by and before the Justice on which the judgment was rendered, and, secondly, that it was rendered without hearing the allegations and proofs of either party. [MAJORITY — The Court] The Court reversed the judgment.