
    John J. Ayres, Constable, against John Johnson, Esq.
    ON CERTIORARI.
    The landlord has no remedy against the constable who has removed, from leased premises, the goods of the tenant, from whom there is rent due, unless he gives notice to the constable (of the rent due) previous to the removal of the goods.
    This was an action of trespass on the case, originally commenced before a justice of the peace, and was brought by John Johnson, Esq, against John J. Ayres,-constable, for-taking away and disposing of the property of one Eichard Brant, on execution, without paying to the said John Johnson, Esq, the arrears of rent due to him, as the landlord of' the said Eichard Brant, after having been- served with written notice of the rent so due, to the said John Johnson, Esq, previous to the sale of the said goods. By a state of' the case agreed on by the attorneys, and sent up to the Supreme Court, it appears that the facts of the case were-as follows : 1. That the defendant was one of the constables of the county, and by virtue of several executions in his hands, on the 12th of February, 1819, levied upon, took and seized the property in the declaration mentioned, as the-property of Eichard Brant, the defendant in those executions, and removed the same from off the premises in the declaration mentioned, after sundown of that day. And also* by virtue of the same executions, sold the said property at public vendue, on the 3d of March,. 1819,. to- the amount of' $44 or thereabouts. That on the 22d of February, 1819, a notice in writing was served on the defendant by the plaintiff, demanding the arrears of rent alleged to be due to him, for said promises, from said Brant, viz : $37.50, before lie the said constable proceeded to sell, &c.
    
    *2. That the said rent so alleged to be due, or any part thereof, had not been paid to the plaintiff, and that there wore no other goods or chattels of said Brant, out of which the said rent can be raised.
    3. That the said executions in the hands of the defendant, amounted to $135.
    The justice, upon this statement of facts, non-suited the plaintiff; whereupon he appealed to the Court of Common Pleas, who reversed the judgment of the justice, and gave judgment in favor of Johnson, the appellant and plaintiff below, for $22.-
    To reverse this judgment of the Common Pleas, John Gf. Ayres, the defendant below, brings this certiorari.
    
      Ewing, for plaintiff in certiorari,
    cited 1 Stra. 97. Haring v. Danberry.
    
    
      Wall, contra,
    cited Rev. Laws 186, see. 4.
   Per Curiam.

The landlord has no remedy against the constable for the rent, if he does not make his demand before the removal of the goods, therefore,

Let the judgment- of the Common Pleas he reversed.  