
    *Lewis Combs vs. Peter Johnson.
    Where a constable is sued for neglect of duty, m executing an execution issued upon a judgment which has been removed by certiorari into the Supreme Court, this court will not grant a rule upon the justice to stay the proceedings in the suit against the constable for such neglect.
    
      Hardenbergh
    
    moved to stay proceedings in a suit before a justice of the peace, brought against a constable for neglect of duty in executing an execution, and alleged as the ground of bis application that the judgment which had been rendered before another justice, and on which the execution was issued, had been removed by certiorari into this court, and that the certiorari was still pending.
   By the Court.

We do not see our way clear to stay the proceedings of the justice in the suit against the constable. In thirty days from the commencement of the suit, the jurisdiction of the justice would expire.

Motion refused.  