Wilbur v. Collier

The Vice Chancellor.

This is a creditor’s bill, and the cause comes on for hearing on pleadings and proofs. The bill does not state the residence of the judgment debtors (defendants), and avers the issuing of the execution to the county of Monroe where the venue was laid; but does not aver that such county was the residence of the defendants or either of them. This defect is insisted upon in the answer. Yet a replication is filed, and proofs are taken. Under this state of facts the bill cannot be sustained, for the defect in not averring that the execution was issued to the county where the…