Howes J:

So long as the order for payment by instalments exists, I hold that the judgment-creditor cannot proceed to execution. There was no provision in the Judge's order as to what was to be done in the event of the judgment-debtor making default. The remedy was therefore on default, for the judgment-creditor to apply to have the order as to payment by instalments rescinded. This he did not do until after the order for attachment had issued.

Appeal dismissed with costs. Costs to be set off under s. 219 of the Civil Procedure Code.

Appeal dismissed.