
    FARLEY against SERGEANT and wife.
    OS CERTIORARI.
    Demand filed, but not sent up, rule must be taken on justice to send it up.
    In this case, the justice, although he had stated, that the plaintiff had put in his plea and demand, yet he had not sent it up with the proceedings; an idea had been entertained, that the court would reverse the judgment of the justice for this default.
   By the Court.

— We cannot affirm a judgment, until we see the state of demand, in order that we may judge of its sufficiency. But where there is no appearance of the defendant, and it appears by the transcript of the justice that a demand was filed, the plaintiff must take a rule on the justice to send up the state of demand; in case the defendant appears, he must, for his own protection, take the rule. Accordingly, a rule, in this case, was taken by the plaintiff. 
      
       Vide ante, *98 — Ed.
     