
    Case 52.
    Abbey vs. Thomas.
    October 28.
    
      A justice of the peace has not jurisdiction of a motion against a constable, for failing to return an execution for the sum of $ 30.
    The point decided in the case of Lane vs. Young, was, that a justice of the peace had not jurisdiction of a motion against a constable, for failing to return an execution for about 840, the act of 1815, which gave the jurisdiction, having been temporary, and ceased to operate before the cause of action in that case accrued ; and that it was not a case within the general jurisdiction of justices of the peace, as established by permanent law. In this case [Abbey vs. Thomas] the amount of the execution was 8 30 50.— Reporter.
    
   Per Curiam.

The decision of the court, at the last term, in the case of Lane vs. Young, is decisive against the judgment rendered in this case. It is, therefore, considered by the court, that the judgment bo reversed and set aside, and the cause remanded to the inferior court, with directions to dismiss the appeal from the justice, with costs,  