
    NEW LONDON COUNTY,
    SEPTEMBER TERM, A. D. 1784.
    Huntington v. Lothrop, Deputy Sheriff.
    A sheriff may he sued out of his eoimtj', and before another court than that which granted the execution.
    "Weit oe ERROR to reverse a judgment of the Comity Court,, in an action brought by said Huntington against said Lothrop;. declaring tliat lie recovered a judgment and execution before tlie County Court in tlie county of Windham against foi £ lawful money, that lie delivered said execution to the defendant, who 'then was a lawful deputy of the sheriff of Wind-ham county, to levy and collect; as by the defendant’s receipt ready to he shown in court appears, etc. and averred that the defendant had not levied and collected said execution, etc.
    The defendant plead in abatement — That said execution was granted on a judgment of the County Court in the county of Windham; and that he is liable io be sued only before the County Court in the county of Windham; and that the County Court in the county of New London hath not jurisdiction of said action.
   A demurrer was given to the plea — And by the County Court the plea was judged to be sufficient. And upon the writ of error the judgment was reversed by the Superior Court, upon the ground that this is an action at common law, and not upon the statute.  