
    VANKIRK against LITTLE.
    OH CERTIORARI.
    On the return day of the summons, the plaintiff below, delivered to the justice a'state of demand; one item of which, was “to book account, $9.42.” On the day of trial, he filed an account containing a bill of particulars, and recovered the whole demand. It was objected to these proceedings below, that the state of demand as first delivered, was insufficient, and that it could not be helped by the accounts delivered on the day of trial, being out of time.
   By the Court. — The

act of Assembly requires the account to be delivered the justice on the return of the summons, that the defendant may be apprised of the demand against him, and prepare for his defense; it is too late to remedy this on the day of trial.

Judgment reversed.  