
    VEAL against BROWN.
    ON CERTIORARI.
    Defect in summons, demand, and venire, fatal.
    The summons had no seal; the action below was an action of trespass, and the justice entered it in his docket, on the case. The state of demand vras as follows:
    Isaac Veal,
    To B. A. Brown, Dr.
    In trespass and damage, for killing a hog, fifteen dollarB.
    [53] The venire commanded the constable to cause to come, &c., six lawful men, being freeholders in said county, who are not of kind to Benjamin Brown, plaintiff, nor Isaac Veal, defendant; nor interested in the cause, &c. The jury found a verdict for plaintiff, ten dollars.
   Kirkpatrick, C. J.

— The justice in this case, has sent up, as part of his proceedings, the venire issued for the summoning of a jury. It is for six lawful men, being freeholders, who are not of hind (kin probably is meant) to the parties. These qualifications do not make a lawful jury, according to the opinion which I gave in the case of Sayre v. Scudder, in this term.

Chetwood, for plaintiff.

I think the judgment must be reversed.

Rossell, J.

— Did not concur with the chief justice as to the defect in the venire, but the summons having no seal, he concurred in reversal.

[*] Pennington, J.

— I think that the judgment must be reversed — because the justice hath not entered in his docket the style or nature of the action, which the act of Assembly requires. But hath entered a style of action different from the real one. The state of demand is also defective; it ought, at least, to have stated that the hog killed was the plaintiff’s.

Judgment reversed.  