Merrit v. Downs

3 N.J.L. 926

Opinion

By the Court.

— The ground of the action is the delinquency of the constable. It is not only necessary to set out in the state of demand, that the execution was regularly put into the hands of the constable, but it should be alledged that the constable had neglected to perform some duty required of him by law, whereby he had become liable to the action; and this neglect should be particularly set out.

Judgment reversed,

(a)

S. P. ante. 543,611,867.