Macedonia v. Fontanelli

This is a motion to vacate an execution against the person of the defendant now in the hands of the Sheriff and issued ex parte. The movant also seeks all adjudication that a body execution will not lie in this action nor upon the judgment rendered herein.

In 1939 plaintiffs instituted an action against defendant for fraud and deceit, charging that some time prior to 1933 defendant induced plaintiffs to part with a total of $23,900 for which plaintiffs received worthless bonds and mortgages on real property. In addition to charging numerous acts of fraud, the complaint in that action set forth…