Merino v. Globe Rutgers Fire Insurance

delivered tbe opinion of tbe court.

This is an action to recover on a certain insurance policy. After trial tbe district court rendered judgment on March 23, 1923, dismissing’ tbe complaint with costs. On September 5, 1923, the plaintiff moved the court, under section 140 of the Code of Civil Procedure, to be relieved of the effects of the judgment. The motion was overruled. The plaintiff appealed! to this court (33 P.R.N. 406) and the judgment of the district court was reversed, whereupon a new trial was had and the judgment rendered was favorable to the plaintiff. The defendant then took…