
    
      WHETTON vs. TOWNSEND.
    
    Affidavit made before the debt is payable,bad.
    
      Morse had obtained an order to arrest the defendant, on a petition dated the 7th of February, to which was annexed the plaintiff's affidavit, before a notary in New-York, stating that the defendant owed him a sum of money on a note which would become payable on the 13th of February and the affidavit of the plaintiff’s agent in New-Orleans, stating his belief of the defendant’s intention to remove, See. under the 22d section of the act of 1807, chap. 1.
    
      Alexander for the defendant.
    The order must be rescinded and the defendant discharged, for the affidavit is insufficient. The plaintiff has made oath at a time when there existed no debt.
   By the Court.

The oath was made seven days before the note was payable. There is not any fact sworn to which could justify the order to arrest.

ORDER SET ASIDE.  