delivered the opinion of the court.

The only question for our consideration on this appeal, is, whether the breaches assigned in the replication entitle the plaintiff to maintain this suit.

In the case of Scott vs. State, use of Ducker, decided at this term, we have said what the law requires in such cases. We consider the present case as within the principles there settled,, and that the replication is sufficient.

Judgment reversed and procedendo awarded.