
    [456] [*] LEAMING against DENNY.
    ON CERTIORARI.
    The objection to the judgment of the justice in the cause below, was founded on the insufficiency of the state of demand. This contained a variety of charges irregularly made, among which was the following: “And a execution
    I gave him, the said defendant, against as constable for collection.”
   .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.  