
    [*] DEAN against WHITMORE. [542]
    ON ceetiobaki.
    The action before the justice, was an action of trespass, brought by Whitmore against Dean. The plaintiff below filed before the justice, two certificates of appraisement of damages done in the plaintiff’s corn and other grain, by sheep said to belong to Jacob Dean. The insufficiency of the state of demand was assigned for error.
   By the Court.

We have often determined that the evidence of a demand cannot be delivered to the justice as the state of demand. But even if this was proper, the certificates contain no cause of action; the most that can be collected from them is, that such damage was done; the certificates do not say that the damage was done by the sheep of the defendant below, but said to be done by his sheep. There ought to be a direct charge.

Judgment reversed.  