The plaintiff, not being a judgment creditor, is not entitled to maintain this action.
In this respect the demurrer is well taken.
*427[New York General. Term, May 6, 1861.Order appealed from reversed. Judgment ordered for the defendant, on the demurrer, with leave to the plaintiff to amend on payment of costs.. ,
Clerke, Gould and Ingraham, Justices.]