
    Constable, survivor, &c. against Colden.
    Where a judgment had been obtained. and no execution issued until 10 months after-wards, it was held, that the plaintiff, on recovering judgment aguinst the bail, was not entitled to interest on the original judgment, during, the time he delayed to proceed against bail.
    S. JONES, jun. for the defendant, moved for a rule that the attorney of the plaintiff acknowledge satisfaction of the judgment in this cause. The record was filed the 13th day of May, 1805. The plaintiff indulged the defendant, and no execution was taken out until the 4th day of March, 1806, when a ca. sa.
    
    issued,
    to which there was a return of non est inventus. A judgment was afterwards obtained against the bail, upon their recognizance, who paid to the plaintiff the amount of the original judgment, and the interest thereon, from May, 1806, when the ca. sa. was returned, leaving the sum of 114 dollars, being the interest on the original judgment, prior to that period, unpaid, and which sum, the clerk of the court refused to tax in the costs on the judgment against the bail.
    
    
      Talbot, contra.
    
      
       Vide Watson v. Fuller, 6 John. Rep. 283. Gwinn v. Whitaker, h Har. & S. 754.
    
   Per Curiam.

Take your rule. The interest claimed ought not to be allowed.

Rule granted.  