Merrit v. Downs

Supreme Court of New Jersey

Merrit v. Downs

3 N.J.L. 926

DecidedFebruary 15, 1812

StatusPublished

This text of 3 N.J.L. 926 (Merrit v. Downs) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Merrit v. Downs, 3 N.J.L. 926 (N.J. 1812).

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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,

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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,

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Bluebook (online)

3 N.J.L. 926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrit-v-downs-nj-1812.