3 N.J.L. 926
Decided February 15, 1812
Supreme Court of New Jersey · decided 1812-02-15
ON CERTIORARI. The action below, was an action of debt, brought against Merrit, as late constable $ the state of demand charged him with sundry executions put in Ins hands for collection, as follows, to wit:— [*] January 7, 1800, one execution against Wm. Stackhouse.
Cited by 1 later decisions — most recently May 1950
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1812-02-15
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¶1— The ground of the action is the delinquency of the constable. It is not only necessary to set out in the state of demand, that the execution was regularly put into the hands of the constable, but it should be alledged that the constable had neglected to perform some duty required of him by law, whereby he had become liable to the action; and this neglect should be particularly set out.
¶2Judgment reversed,
¶3 S. P. ante. 543,611,867.