Wallace v. Perry

This action was brought to recover damages for an alleged fraud, plaintiff claiming because of fraud committed, he had been damaged in the sum of $1,865. An attachment was secured, substituted service of summons perfected, and a judgment in rem entered against the property of defendants. The appeal presents for determination one primary question, that is, did the court have jurisdiction to enter the judgment?

On motion made, the trial court set the judgment aside on two grounds: first, that the action of the plaintiff is not an action upon a judgment or upon a contract, express or implied, or…