Taylor v. Persse

Clerke, Justice.

In one of these actions, the plaintiff recovered judgment against the defendants ; and after the return of an execution unsatisfied, issued upon the judgment, he commenced supplementary proceedings about the 2d of December, 1857, pursuant to section 292 of the Code. On the 11th of March, 1858, he commenced an action in the nature of a creditor’s bill, to set aside an assignment made by the defendants Persse, Brooks and Megie, to the defendant Forrest. This is a motion to compel the plaintiff to elect between these two proceedings, and to proceed in one only.

*418The action allowed,…