Carter v. Clarke

The defendant moves, on the return of an order for his examination in proceedings supplementary to execution, that such proceedings be dismissed.

The order was granted upon an affidavit showing the recovery and docketing of a judgment and the return unsatisfied of an execution in 1862, and that the judgment remains unpaid.

*44It appears from the affidavits and papers read upon this motion that the defendant was examined in' proceedings supplementary, in 1864, on an affidavit setting forth all the foregoing facts and no others. The examination, thus taken, was subscribed and duly verified before…