The Chancellor.
None of the objections to the decision of the vice chancellor are well taken. Even if the want of an endorsement, on the back of the injunction, was material, which it is not, it would not afford any ground for dissolving the injunction; although it might show that the same ought to be set aside as irregularly issued. As to the verification of the bill by the attornies, this court has frequently decided that in the case of creditors’ bills, where the complainants reside at a distance from their debtors, and have entrusted the collection of their debts to attornies or agents, residing near such debtors, which attornies or agents have conducted the proceedings at law, the verification of the bill by the attorney or agent of the complainant, is sufficient. And the case -of a creditor’s bill, where an injunction is sought for against the judgment debtor alone, is an exception to the general rule, that all the material facts must be sworn to positively, in order to obtain a preliminary injunction exporte. (Hammersly V. Wyckoff, 8 Paige’s Rep. 72.)
It is well settled that two or more creditors, having judgments against the same person, and who have exhausted their remedies at law, by the return of executions against his real or personal estate unsatisfied, may join in a bill in this court to reach his equitable interests, choses in action and other property. And the statutory provision, which prohibits the commencement of a suit in this court, where the amount in controversy in such suit, does not exceed $100, does not extend to such a case; provided the aggregate amount of all the judgments, for the satisfaction of which the bill is filed, exceeds the amount specified in the statute, ■
There is no valid objection to the form of the order appealed from ; and the objection that the affidavits, on the part of the defendant, showed that a receiver of his property was unnecessary, was frivolous. The order appealed from is, therefore, affirmed, with costs ; and the proceedings are to be remitted to the vice chancellor.