
    CHARLES S. HAVENS, Appellant, v. HARRISON GORDON and another, Respondents.
    Bxeaution— levy by constable under — failure to indorse.
    
    The omission of a constable to indorse upon an execution issued on a judgment recovered in a Justice’s Oourt, a levy made under it, is not fatal to the levy. The statute (8 B. S. [5th ed.], 448) is directory merely.
    Appeal from a judgment of the County Court of Suffolk county, reversing a judgment in favor of the plaintiff, recovered in the Justice’s Court.
    
      Wm. 'Wickham, for appellant. J. H. Tuthill, for respondents.
   Opinion by

Barnard, P. J.

Present— Barnard, P. J., Tappen and Taloott, JJ.

Judgment of County Court reversed and that of justice affirmed, with costs.  