Romain v. Kline Realty & Improvement Co.

The sole question is whether or not the complaint states a cause of action. This is an equity action brought by the plaintiff as a judgment creditor in his own behalf against an alleged assignee of the judgment debtpr’s property to set aside an alleged assignment as having been made with intent to defraud the judgment debtor’s creditors. There is no allegation that execution was ever issued on the judgment relied upon by plaintiff, or that the same was ever returned unsatisfied in whole or part. It is essential to the stating of a good cause of action that it appear that the plaintiff in such…