Anonymous.

s Holmes had obtained a judgment in the County Court, and Butler having stated in an affidavit some causes of com plaint against the judgment, had procured a certiorari’ to issue returnable to this term, only two terms having first intervened.

-Per cuñam

When a certiorari issues, the adverse party has noticé to appear on the return day of the certiorari, and if the writ is not then returned, nor any proceedings *485had to continue it in court, it is like other writs tinued, and a procedendo ought to issue. Here is clearly a discontinuance, therefore let a discontinuance be entered, and a procedendo issue to the court below.