
    APPLEGATE against SCHUREMAN.
    ON CERTIORARI.
    
      Mr. Maxwell moved the court to reverse the judgment of the justice, on the ground that the action below [*] was in debt, and that the state of demand, if it set out any cause of action at all, was in case.
   By the Court.

It appears by the record that the cause was submitted to reference, and that the judgment is rendered on report of referees. In such cases, we have considered the incongruity you complain of, cured.

Judgment affirmed.  