Per Curiam,.
The promise declared upon in the court below was without consideration, and void, (a)
Judgment reversed.
(a).
Also iu the case of a plaintiff against a constable for not returning an execution, if an execution be renewed on the constable’s responsibility before ifc'has been out, such engagement of the constable is nudum, pactum, and void. Homan v. Liswell, 6 Cow. 559