
    JAMES LOFLAND, defendant below vs. MATTHEW CANNON, plaintiff below.
    An execution cannot be issued by a justice of the peace in one county on a transcrid of a judgment before a justice of another county. The proper proceeding is by scii] facias.
    Certiorari to Justice Watson.
    The record showed that an action of debt was commenced anl prosecuted to judgment at the suit of Cannon vs. Lofland, before jul tice Hammersley of Kent county; the judgment being dated July if 1840. A duly certified transcript of all the docket entries touchir the judgment before justice Hammersley, was on the 14th of Se] tember, 1840, filed before justice Watson of Sussex county, who il sued execution thereon on the 18th of September, 1840.
    The exceptions were that the pi'oceeding should have been l| scire facias under section 28 of Dig. 347.
    
      
      Houston, for exceptant.
   But the Court said the proceeding is under section 14, Dig. 338, and is defective, because not before a justice of the peace of the same county where the judgment was originally rendered. A scire facias may be issued by a justice in either county, on the transcript of a judgment before any other justice in the State, but an execution cannot be issued on such transcript by any other than a justice of the same county.

Judgment reversed.  