Opinion
SEPTEMBER TERM, 1796.
A TESTATUM Ca. Sa. had issued to the Sheriff of Lancaster, upon which the party was arrested, and the money paid. But the Sheriff paid it over to the nominal, instead of the real, plaintiff, tho' the indorsement for the use, c. was on the writ. At the last term, Hallowell obtained a rule to return the Test. Ca. Sa. or to shew cause this day, why an attachment should not issue against the sheriff; and now, upon proof of service of the rule, he moved that the attachment should be awarded.
BY THE COURT: — Let the attachment issue, returnable the last day of the term.