Orr's Case

In this case judgment was recovered against the defendants Benton and Orr, on December 9,1854. Execution was issued, returned unsatisfied, and in March, 1855, an *458order was made for the examination of the defendants, a referee was appointed, and such examination had of each defendant. The examinations were concluded before him in September last, when property of the defendant, Orr, was discovered, and it is alleged on the part of the defendant Benton, whom it is now proposed to examine, that Orr has, in fact, paid the debt to the plaintiif, who thereupon on September 22, 1855, assigned the…