Frederick v. Decker

Ingraham, Justice.

One of the defendants was ordered to appear and be examined under proceedings supplementary to . execution. The affidavit is in the usual form in the name of the plaintiff made by C. D. Evans, Esq., as acting for plaintiff.

A motion is now made on affidavit of the plaintiff that he was paid the judgment by McKinstry, and had assigned the judgment to him and had never authorized these proceedings.

The defendant also swears to the transfer of property to McKinstry, to pay the note on which the judgment was recovered.

These allegations are denied by McKinstry, and he insists that…