
    Williams v. Irving.
    
      Judgment—diseharging upon conflicting affidavits. Practice..,
    
    Defendant claimed that a judgment against him for $14,000 had heen compromised and settled, and plaintiff denied the same. The preponderance of evidence, considering the affidavits only, was with defendant. Held, that it was not provident to discharge so large a judgment upon merely weighing conflicting affidavits.
    Appeal from an order setting aside supplementary proceedings and ordering a judgment to be discharged. The judgmen t was recovered on the 19th of July, 1862, by Joseph Williams against Jambs Irving, and was for $14,449.11, and with interest amounted, at the time of the order, to over $25,000.
    
      Thomas Stevenson, for appellant.
    
      Garvin, Fellows & Brooke, for respondent.
   Davis, P. J.

The head-note contains a statement of all that is material in the opinion.

Order modified.  