Legislation
SECTION 88
Invalidity may be proved on motion to vacate order of arrest or execution
Debtor & Creditor (DCD) CHAPTER 12, ARTICLE 3
§ 88. Invalidity may be proved on motion to vacate order of arrest or
execution. Where a person, who has been discharged as prescribed in this
article, is afterwards arrested by virtue of an order of arrest made, or
an execution issued, in an action founded upon a debt or liability from
which he is so discharged, the adverse party may oppose his application
to be released from the arrest, by proof, by affidavit, of any cause for
avoiding the discharge, for want of jurisdiction, or as specified in the
last section. If such a cause is established, the application must be
denied.
execution. Where a person, who has been discharged as prescribed in this
article, is afterwards arrested by virtue of an order of arrest made, or
an execution issued, in an action founded upon a debt or liability from
which he is so discharged, the adverse party may oppose his application
to be released from the arrest, by proof, by affidavit, of any cause for
avoiding the discharge, for want of jurisdiction, or as specified in the
last section. If such a cause is established, the application must be
denied.