Supreme Court of New Jersey, 1812

Merrit v. Downs

Merrit v. Downs
Supreme Court of New Jersey · Decided February 15, 1812
3 N.J.L. 927

Merrit v. Downs

Opinion of the Court

By the Court.

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 alleged 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.

Judgment reversed.1

S. P. mite. 54S, 611, 867.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.