
    Jones against Wilson.
    ALBANY,
    August, 1808.
    execution to hands, ^and"8 then pays the money to the plaintiff, withous demand's andwitiiouthís request, cannot maintain an action against the tiie^amount'01' paid to the plaintiff on the execution. A constable xxrhn snipers an
    ON certiorari. The plaintiff below was a constable, and had an execution against the defendant below, issued by a justice of the peace, at the suit of a third person. The constable, without making any demand on the de7 ... fendant, and without his request, paid the money to the plaintiff named in the execution, and then brought his actl°n before a justice against the defendant, to recover the amount so paid, to the use of the defendant. An ... , , , objection was made to the plaintiff’s right to bring the action, but the justice overruled the objection, and permitted the cause to be tried by a jury, who found a ver- . J diet for the plaintiff.
    Skinner, for the plaintiff in error.
    
      Allen, contra.
   Per Curiam.

The constable had no right to sleep on the execution, and then pay the money to the plaintiff and bring his action against the defendant, without any previous demand or request. Such a practice is not only against the rules of law, but would tend to. multiply suits, and increase litigation.

Judgment reversed.  