Dahms v. Swinburne

This case comes into this court on error from the court of common pleas of Hamilton county, Ohio, wherein a judgment was rendered dismissing the amended petition.

The facts are: A judgment was obtained against the plaintiff in error, Otto Dahms, upon several promissory notes, and execution was about to be levied upon this judgment in the municipal court of Cincinnati.' The instant proceeding was brought to declare said judgment null and void, on the ground that it was secured through fraud, and to enjoin the levying of execution upon said judgment.

The amended petition recites the rendering of…