
    [480] [*] BABBIT against DE CAMP.
    OS CERTIORARI.
    The action was founded on a note of hand, given by one William Abel to the plaintiff below, Be Camp. The action was commenced by Be Camp against Elkanan Babbit, and Mary, his wife, late Mary Abel. There was no state of lemand filed; but the note given by Abel was produced at the trial and proved; there is nothing in the proceedings of the justice to show the liability of Babbit and wife; it is probable that Babbit had married the widow of Abel, and that she was the executrix or administratrix of her late husband; but no state of demand having been filed, nothing of this appears.
   By the Court.

This case shows the propriety of the rule requiring an actual state of demand, and not merely the evidence of the debt to be delivered [f] the justice. There is nothing in the record of the justice to show that the defendants below were liable to this demand.

Judgment reversed.  