Pardee v. Leitch

By the Gourt—Johnson, J.

It is clear enough that Doheny, the defendant’s assignee in bankruptcy, is a proper party to make these motions to set aside the sales under the executions issued upon the judgments in the above-entitled actions. The ground of the motions is that the sales were irregular and void, being sales of property not liable to be *304sold on execution, unless it had been first levied upon by an attachment at the commencement of the action, and which had not been so levied upon. The judgment debtor could have made the motion, but for his discharge in bankruptcy, and his assignee in…