Bonner

The appeal is from an order supplementary to execution directing the appellant, as debtor of the judgment debtor, to pay the amount of a judgment to the sheriff. The plaintiff’s affidavit follows the ordinary form in which the rendition of the judgment is set forth, together with the issue, levy, and unsatisfied return of execution. It was averred that Tremain, appellant, was a debtor of the judgment debtor in an amount exceeding $50, and that he refused to apply the money in his hands to the satisfaction otf the judgment. The order of examination, based on these averments, directed Tremain and Lehfeldt, the defendant, to “appear before E. M. Levy, the commissioner appointed by me,” at a time and place stated, “to answer concerning the same.” Tremain appeared and testified he had agreed to lend Lehfeldt and his wife four thousand dollars to Construct a building on a lot in San Francisco. The Lehfeldts executed a note and mortgage on the property to secure the loan, and it was agreed the proceeds of the loan should be advanced in four installments of one thousand dollars each, when the frame of the building" was up, when the brown coat of plaster was on, when the building was…