Brown v. Walker

In this action the county judge granted an order for examination of defendant in proceeding supplementary. This order he after-wards set aside on motion. The plaintiffs appeal. The ground on which he set it aside was that the affidavit was defective, in failing to show that it was made by authority of the plaintiffs or of a judgment creditor. The affidavit is made by John H. Benedict. It sufficiently states the recovery of judgment, and the filing of a transcript, and issue and return of an execution, and that Jesse Stiles, plaintiff’s attorney, is authorized by plaintiff to commence these…