GILMOR VS. BRIEN. 43

decree, stripped of every atom of its property, and reduced, in
the language of the Chancellor, to the condition of a mere
pennyless entity, utterly destitute of pecuniary ability to pay
any claim.

The sheriff had levied executions upon the property of the
company to satisfy judgments against it, when certain persons,
representing the interests of one of the corporators of the com-
pany, applied for, and obtained an injunction, after which, and
while the injunction was in force, a decree for a sale passed,
by consent of the parties, under which, the entire property of
the company was sold, including the whole of that upon which
the executions had been levied.

Under these circumstances, it is perfectly obvious, that unless
the sheriff could recover the fees due him from the proceeds of
the sale in court, he was entirely without remedy.

But how different was that case from this—here there has
been no sale, and there is no pretence, that Mr. Gilmor, if lia-
ble at all for these fees, may not be reached by a proceeding at
law. The agreement, to be sure, asserts, that Mr. Brien is in-
solvent, but that does not affect the responsibility of Mr. Gil-
mor, and the order applied for, is, that he shall be required to
pay the money.

The Chancellor, therefore, thinks, that the prayer of the peti-
tion cannot be granted as respects the poundage fees; and the
claim for officers' fees, under the circumstances of this case, is
also inadmissible, and consequently an order will be passed dis-
missing the petition.

[No appeal was taken from this order.]