
    Fort & Barnhart vs. Fort.
    ALBANY,
    Oct. 1832.
    An attaching creditor, under the absent debtor act, until the appointment of trustees, cannot move to set aside a judgment alleged to have been fraudu- . lently confessed by the debtor.
    D- Gardner, in behalf of a creditor wffio had sued out an attachment against the property of the defendant as an absent debtor, moved to set aside the judgment in the above cause on the ground of its having been fraudulently confessed.
    H. P. Hunt, for the plaintiff,
    objected preliminarily that such a creditor, until trustees were appointed, was not entitled to be heard on such a motion, and cited 20 Johns. R. 296.
   The objection was sustained by the Court, and the motion denied.  