Robens v. Sweet

This is an appeal from an order denying a motion to set aside proceedings supplementary to examine the plaintiff, who was the judgment debtor. One ground of the motion, and the only one, we need to consider is that, subsequently to the recovery of the judgment, the debtor had been discharged therefrom under art. 1, tit. 1, c. 17, Code Civil Proc., formerly known as the “Two-Thirds Act.” That proceedings under that article were taken, and that a discharge thereunder was granted, are facts not disputed. But the judgment creditor avers fraud in the proceedings. The judge denied the motion to set…