Aultman & Taylor Co. v. Syme

O’Brien, J.

(concurring):

Upon this record I think there was sufficient evidence to ' justify the conclusion reached by the trial judge that the assignment as to the amount over $10,000 .was with intent .to defraud. It is useless, however, to spend time summarizing it as I agree that the judgment must fall because of the failure to issue the execution within five years.

Judgment reversed and complaint dismissed, with costs.