Brisco v. Askey

This was a proceeding supplementary to execution, by Askey against Brisco, under the statute (2 R. S. p. 152, § 518), which provides, in substance, that after a return of an execution, &c., unsatisfied, the judgment-creditor shall be entitled to an order, &c., requiring the defendant to appear, &c., and answer concerning his property within the county.

The proceedings under §§ 518 and 519 are different. Under § 518, an order may issue without an affidavit. Under § 519, where proceedings are instituted after the execution has been issued, an affidavit must be filed that the judgment-debtor…