
    KELLY v. JAMES.
    An allegation that sheriff is favorable to defendant, and an expectation he -would not perform his duty, not sufficient ground to direct the execution to the coroner. Vide Plowd. 74.
    In this case, Leake, for plaintiff, moved for leave to direct the execution to the coroner, upon the allegation that the sheriff was favorable to the defendant, and there were reasons to apprehend he would, in consequence, be remiss in the performance of his duty. He cited 4 Insl. 271; 1 Bl. Com. 349; 3 Bl. Com. 354.
   Kinsey, C. J.

The motion is not supported by the cases. All the books cited merely recognize the general principle [7] that in case the sheriff be legally incompetent to execute the process of the court, it may be directed to the coroner. Unless there be some special legal cause of objection pointed out and supported by full and clear evidence, we should not conceive ourselves warranted to direct the execution to the coroners.

Rule refused.  