Woods v. Armstrong

This is a motion to vacate an execution issued against the person of the defendant on a judgment in the above-entitled action. The summons and complaint were served upon the defendant. He did not appear, and an application was made to the court for judgment and judgment entered against the defendant. The complaint sets forth two causes of action, and the plaintiff elected to obtain judgment on the first cause of action set forth in the complaint.

An examination of the complaint shows that the first cause of action set forth is for fraud in falsely representing that certain property was free of…