Dawson v. Clelland

SIMS, Justice.

Appellant, Oscar F. Dawson, recovered a default judgment against appellee, Frank Clelland, wherein the jury assessed his damages in a personal injury action at $10,-000. When an execution was issued on that judgment against Clelland, he filed the instant action against Dawson under our Civil Code of Practice, Sec. 518(4) in which he charged that the original judgment was obtained by fraud and asked that it be vacated “and the execution levied pursuant to said attachment be set aside.” Dawson’s answer was a general denial. Proof was heard by Hon. William H. Field, Judge of the…