Strange v. Longley

The Chancellor.

The objection that it is necessary for ' an assignee of the judgment to issue a new execution before he can file a creditor’s bill is not valid. That question was decided the other way in Gleason v. Gage, (7 Paige's Rep. 121,) where the decision of the vice chancellor in Wakeman v. *651Russell, (1 Edw. Ch. Rep. 509,) was overruled. The affidavit that the execution was not issued to the county where the defendant resided, would constitute a good objection to an application to appoint a receiver of the property of the judgment debtor. But as the complainant has sworn positively, in…