1 D.C. 35
District of Columbia District Court
Decided July 15, 1801
District of Columbia District Court · decided 1801-07-15
This was a motion for judgment against Charles Turner, late town sergeant of Alexandria, for not paying over to the plaintiff money made on a fi. fa. of Fendall v. Towers. The motion was grounded on the Act of Assembly of Virginia respecting executions. Rev. Co. p. 317, § 51. (See this case in the Supreme Court of the United States, 1 Cranch, Rep. 117.) The cases cited in this Court were, Esp.
Decided 1801-07-15
¶1decided, 1. That the motion might be sustained in the name of Fendall, altHough he had taken the insolvent oath; 2. That the sergeant could not levy the execution of Deneale v. Fendall on the money in his own hands made on the fi. fa. of Fendall v. Toiuers, and that such return was not good.
¶2Judgment for the amount made on the fi.fa., and fifteen per cent, per annum damages.
¶3Affirmed by the Supreme Court of the United States, 1 Cranch, 117.