Lee v. Heirberger , 2 Edm. Sel. Cas. 23 ( 1848 )

Edmonds, J.:

This motion cannot be granted on the affi davit as it now stands. In order to obtain the order sought for by this motion, it is not sufficient that the affidavit follows the wording of the statute; it must be positive, either that the person has property of the judgment debtor, or that he is indebted to the judgment debtor, or that he has property and is indebted to the judgment debtor; but it cannot be put in the alternative.

Motion denied.