
    *APRIL, TERM, 1800.
    Guerrant v. Tayloe.
    Sheriff — Judgment against — Damages—Appeal—Effect. —If there he judgment against a sheriff, for the amount of money levied on an execution with the 15 p. cent interest and he appeals. The appellee, ■ hy waiving the 10 per ct. damages for retarding the execution and taking asimple affirmance of the judgment, may still have his 15 per cent damages, according to the judgment of the Court helow.
    The appellant was sheriff of the county of Goochland, and had levied the amount of an execution, which had been put into his hands by the appellee; but had failed to pay over the money. Upon which the appellee moved for and obtained judgment in the District Court, for the amount of the money levied with the 15 per cent damages. Prom which judgment the appellant appealed to this court.
    Wickham for the appellee.
    After observing that there was no error in the judgment, said that the appellee was entitled to the 15 per cent damages, notwithstanding the act of Assembly which gives 10 per cent damages only in case of appeals. That this case of the sheriff was an exception to the general rule; for the ’ sheriff would otherwise be a gainer instead of a loser by the appeal; because by delajdng the execution of the judgment he lessened the interest. At any rate the appellee may relinquish the damages in this court, and take a simple affirmance of the judgment without the 10 per cent damages, and then by the terms *of the judgment which is strictly conformable to the directions of the act of Assembly, the appellee will be entitled to the 15 per cent damages.
   ROANE, Judge.

Are you contented to take a simple affirmance without any damages for retarding the execution?

Wickham. Yes.

Per Cur. Affirm the judgment then, without any damages.  