Lane v. Young

OPINION OF THE COURT.

YOUNG having recovered judgment before a justice of the peace for §42 50 cents, and costs against Murdock Garnet, caused an execution to issue against the estate of Garnet, directed to a constable of Montgomery county. The execution was put into the hands of Lane, the plaintiff in error, who was constable, in June 1820; and the constable failed to return the execution to the justice, until January 1821, and then returned it without having made any part of the debt.

Young then, after having notified Lane thereof, moved the justice for a judgment against Lane, for the amount…