
    [*] DOUGHERTY against ANDERSON.
    OH CERTIORARI.
    State of demand under timber act must state place, time and circumstances required in the act.
    
    This was an action brought by Anderson, before the justice, against Dougherty, on the act to prevent the waste of timber. The following state of demand was filed: Oct. 22, 1807. Barney Dougherty to James [325] Anderson Dr. To cutting and bearing away 12 trees, at 8 dollars, $96. The defendant did not appear before the justice; the justice examined one witness, and gave judgment for the plaintiff for $96. This judgment was objected to on the ground, of the incompetency of the state of demand; that the name of the county or township where the land was situated on which the trees were supposed to be- cut, was not set out, nor was the land so described, as that the present judgment could be pleaded t$ another action for the same cause; also, the state of demand ought to set forth, that the cutting the trees, &c., was without the consent of the owner ; nor does it appear in what right the plaintiff below prosecuted, whether as a party injured, or as a common informer.
    
      Tucker, att’y for plaintiff.
    
      
       S. P. next case.
    
   The Court,

being of opinion that the state of demand was substantially defective,

Reversed the judgment.  