Rich v. Salinger

Daly, F. J.

This is a motion to set aside an execution issued after the defendant had been discharged under the two-thirds act. The motion is opposed upon the ground that no notice was received by the plaintiffs, or by either of them, of the defendant’s application to be discharged. The fact that no notice was received by the plaintiff would not, of itself, show that the officer acted without jurisdiction ; but independent of that, an objection to the validity of the discharge, either upon the ground of want of jurisdiction or for any of the causes specified in § 40, Art. III., 3 Rev. Stat.…