Leaming v. Denny

3 N.J.L. 611

Opinion

By the Court.

To maintain an action against a constable for breach of duty, in neglecting to serve an execution, or to perform any other duty arising from the delivery of an execution to him, it is requisite to charge the constable with the non-performance of some duty prescribed by the act constituting courts for the trial of small causes. The simple fact of delivery of an execution to a constable does not, of itself, subject him to an action. Judgment reversed.