¶1decided: 1. That the motion might be sustained in the name of Fen-dall, 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. Towers, and that such return was not good.
¶2Judgment for the amount made on the fi. fa., and fifteen per cent per annum damages.