
    KEEN against SCULL.
    OH CERTIORARI.
    Charge “to debt and interest $100,” insufficient. Venire awarded before defendant appears, error.
    The action below was brought on the following state of demand: Capt. William Jonas Keen, executor of the estate of Richard Somers, Esquire, deceased, Dr. to James Scull, debt and interest, $100. On which there was a trial, verdict, and judgment for $100, with costs.
    The first objection to the proceeding below, was the uncertainty and insufficiency of the state of demand.
    [f] 2d. That a venire was awarded, although there was no appearance of the defendant.
    3d. That no witness, or any proof was offered to the jury; but the plaintiff below stated to the jury his demand, on which they founded their verdict; and this all appearing by the record.
    
      
      Davenport, att’y for plaintiff.
   By the Court.

These are all errors in substance, and apparent on the record.

Judgment reversed.  