McManama v. Garnett

JUDGE DUVALL

delivered the opinion of the court:

At the April term, 1858, of the Boone circuit court, the appellant recovered a judgment against the appellee for the amount of the note sued on, and for a foreclosure of the mortgage. This was, of course, a final judgment.

But, in July following, an order appears to have been made, to the effect, that “the defendant by his attorney moved the court to set aside the judgment rendered herein against him in April, (this being an adjournment of the April term,,”) which motion, having been continued until the September term, was then sustained, and,…