
    [*] PHILLIPS against COARSON.
    OH CERTIORARI.
    The action below was brought on the following state of demand:
    The plaintiff comes into court and demands of the defendant, damages to the amount of dolls. 99, for not paying forward overplus money on a sale of my property, in March, 1802; which property was sold by William Field, constable; and the present defendant [396] demanded and received the overplus, for which the said defendant has never accounted, for which I bring suit, dated 22 December, 1808. There was a verdict and judgment for the defendant below, for • dolls. 49.50. The counsel for the defendant below, who is the plaintiff in this court, moved to reverse the judgment, on the ground of the uncertainty and insufficiency of the state of demand.
   By the Court.

The judgment cannot be sustained on this state of demand. How the money came into the hands of the defendant below, for what purpose and by what authority, and why he was accountable, does not appear.

Judgment reversed.  