— 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.