KELLY, J.
July 5, 1960, plaintiff filed his motion for new trial stating that his "action is in fact a bill in aid of execution based upon a claimed fraudulent conveyance," and that "the cause was not litigated in the hearing held June 17, 1960, and should therefore be heard." The motion was denied and plaintiff appeals.
The pretrial statement reduced the question to be decided as follows:
"It appears that on March 10, 1949, a judgment was rendered...
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