
    MERRIT against DOWNS.
    ON CEKTIOBABI.
    The action below was an action of debt, brought against Merrit, as late constable; the state of demand [675] charged him with sundry executions put in his hands for collection, as follows, to wit:—
    
      
      
    
    It was moved to reverse this judgment, on the ground of the insufficiency of the state of demand; that merely putting an execution into the hands of a constable, was not, of itself, sufficient to authorize an action against him, something ought to be stated, to show the liability of the defendant to the action.
    
      Read, Jr., for plaintiff.
   By the Court.

The ground of the action is the delinquency of the constable. It is not only necessary to set out in the state of demand, that the execution was regularly put into the hands of the constable, but it should be alleged that the constable had neglected to perform some duty required of him by law, whereby he had become liable to the action; and this neglect should be particularly set out.

Judgment reversed. 
      
       S. P. mite. 54S, 611, 867.
      
     