
    BENNET against BOZORTH.
    ON CERTIORARI.
    Delivering execution to constable, does not of itself make him liable for the debt.
    The action below was brought on the following state of demand:
    
      
      
    
    The cause was tried by the justice, who rendered a judgment for the plaintiff below, for $57.88, with costs.
    It was now contended on the part of the plaintiff in error, that the state of demand did not set out a lawful cause of action.
    
      Nugent, att’y for plaintiff.
   By the Court.

Merely putting into the hands [409] of a constable an execution, does not of itself make the constable liable for the debt; something more must be set out in the state of demand, to maintain an action.

Judgment reversed.  