Buckley v. Park Building Corp.

Defendant asserts that the May, 1963, judgment in its favor has never been set aside and still constitutes a final determination of the rights of the parties; that the amended complaint is a fugitive pleading without force. Plaintiff counters, of course, with the order of January 7, 1964, which “permitted relief under section 269.46” and expressly allowed plaintiff to amend her pleadings. Although the order did not employ the words “vacate,” “set aside,” or *429“open up,” she argues that the status of the judgment, under the order, is that it continues to be of record, but its finality as a…