Wood

(after stating the facts as above).

The assignments of error first question the jurisdiction of the District Court of Alaska in the supplementary 'proceedings. Section 1127, Compiled Laws of Alaska, provides that after the issuing of the execution, and upon proof by “affidavit of the plaintiff, * * * or otherwise, to the satisfaction of the court or judge thereof,” that the judgment debtor has property liable to execution which he refuses to apply toward the judgment, the court may require the debtor to appear and answer under oath at a time and place specified in the order. Section 1128 provides that on appearance of the debtor he may be examined on oath by either party, and if it appear that he has any property liable to execution, the court or judge shall make an “order requiring the * * * debtor to apply the same in satisfaction of the judgment, or that such property be levied on by execution,” or both, as provided, as may seem most likely to effect the object of the proceeding.

It is argued that the affidavit of Noyes in the proceeding against McGinn did not contain averments concerning the issuance of an execution, or that the judgment debtor had property liable to…