
    Peter Wintermute against Jacob Swisher.
    on certiorari.
    THE state of demand, with a great affectation of form and precision, sets out the following case. That the plaintiff had obtained judgment against Peter Wintermute, jun., for 44 dollars, on which an execution was issued and delivered, on the 11th of September, 1817, to Aaron HanJcinson, a constable; that he then had sufficient goods and chattels, of which to make the money ; but this defendant did collusively and fraudulently conceal, and keep them out of the power of the constable; and forcibly prevent the operation of law, by taking the property out of the power of the constable : that about the first of November, 1-817, the constable arrested said Peter Winter-mute, jun, and was about to convey him to gaol, when the defendant promised the constable, if he would forbear to do so, one day, and he run away, he, the defendant, would pay debt and costs; that defendant well knew lie intended to run away, and made the promise, to cheat the plaintiff; that he did run away, and put it out of the plaintiff’s power to get his money ; and that said plaintiff is injured, by this fraud of the defendant, 50 dollars. There was judgment for 49 dollars, 53 cents.
   By the court

It is manifest, from the state of demand, that the plaintiff has no cause of action against the defendant.

Judgment must be reversed.  