
    KATTS against ARMSTRONG.
    ON CERTIORARI.
    The action before the justice, was an action on the case brought by Armstrong against George Katts and Son, and founded on the following state of demand;—
    George Katts, and Son, to damage. $100, by taking away a line of fence.
    
      Crane, for plaintiff.
   Bv the Court.

The proceeding below, is defective in several respects. This is intended as an action against two persons, and one only named in the record; the other being described by the relation in which he stands to the other defendant. The state of demand also, cannot be supported. It is not particular enough. It ought to show that the fence was the fence of the plaintiff below.

Judgment reversed.

Cited in Folwell v. Ford, 7 Halst. 68.  