“ The writs of error have obviously been prosecuted for delay. We ask damages, as provided by the 23d Rule of court, which declares that:
'In all cases where a writ of error shall delay the proceedings on the judgment of the inferior court, and shall appear to have been sued out merely for delay, damages at the rate of ten per cent., in addition to interest, shall be awarded on the amount of the judgment.'
The court is of opinion that this writ of error can have been taken out only for delay. We affirm the judgment below with ten per cent. ”

“ If the one does not allege where the goods were burned, neither does the other limit the liability to a burning at any particular place.
2d. As to the objection of a want of averment of a countersigning, the declaration alleges that the insurance company 'made and executed to the plaintiffs a certain policy of insurance in writing, whereby, &c.' This was sufficient. If not executed so as to bind the company, the policy was not the instrument declared on, and the plaintiffs must have failed in their proof. ”