This case is like that of Oonley v. Conley, ante-, p. 665, except it is alleged in tbe complaint that tbe demand in writing of said lessee is in tbe alternate for tbe payment of rent or tbe surrender of tbe premises. The other defects in tbe complaint in that action exist in tbe complaint in this action, and are necessarily fatal to tbe judgment of restitution rendered by the justice; hence this judgment also was properly reversed on oeriAorari.

By the Cov/rt.— Judgment affirmed.