Van Ness

The grounds on which the motion was made are fully met by the opposing affidavits, and disproved or explained so as to show that they are without any substantial foundation. The arrangement with Nichols was not performed on his part, and, therefore, has not canceled the judgment. As far as I see the judgment is in force for the amount directed to be made by the execution, and the motion must be denied with costs.

Rule accordingly.