East Coast Fertilizer Co. v. Hardee

Deviit, J.,

concurs in the result, but is of opinion that appellant’s assignment of error as to the judgment should have been sustained upon the ground that the portion of the judgment which authorized execution against the person was predicated upon an issue which was not in accord with the language of the previous judgment in the cause requiring that the “issue of fraud arising on the pleadings be submitted to a jury.” the complaint alleged a fraudulent misappropriation and conversion of property, and in the decision of this case on a former appeal it was adjudged that the plaintiff was…