
    Lyles v. The Common Council of Alexandria.
    A declaration against “ the Common Council of Alexandria,” for work and labor done for “the Mayor and Commonalty,” must show how the new corporation is liable for the debts of the old.
    This was an action of assumpsit for work and labor done by the plaintiff for the town of Alexandria, under its old charter of 1779, when its corporate name was “ The Mayor and Commonalty of the Town of Alexandria,” and this suit was brought against the corporation under its new charter of'1804, by the corporate name of “ The Common Council of Alexandria.” The declaration stated the work was done for the mayor, and commonalty, &c., but did not aver that the new corporation, (the common council, &c.) was liable for the debts of the old, nor refer to the new charter by which it was so made liable.
    
      Mr. E. J. Lee, for the plaintiff.
    
      Mr. Taylor, for the defendant.
   And for this cause

the Court

(Duckett, J., absent,)

arrested the judgment.  