
    James Hart, Petit oner for Review, versus Joseph Huckins.
    Where, upon a petition for a review, the Courtperceive on inspection of the papers that the judgment complained of would be reversed upon error, they will not grant a review.
    A constable cannot serve an original writ in areal action.
    The petitioner alleged that he was sued in a real action, and having no notice of the suit, he was defaulted.
    Upon looking into the copies of the case accompanying the petition, it appeared that the service of the original writ was made by a constable.
   The Court adjudged that the petitioner should take nothing by his petition, as by the statute of 1795, c. 41. § 3., commonly called the fee bill, constables are authorized to serve writs in personal actions only, and in those only where the damage sued for does not exceed seventy dollars. The plaintiff may bring his writ of error, and reverse the judgment by which he considers himself aggrieved.  