Riverview State Bank v. Dreyer

The opinion of the court was delivered by

Jackson, J.:

In the court below, the trial court, upon motion of the defendant, set aside a personal judgment taken on December 19, 1955. The defendant’s motion was not filed until January 13, 1960, and the parties agree that the judgment could be set aside only if it were absolutely void. The plaintiff has appealed, the appeal being filed on the same day on which the judgment was set aside.

In giving the history of this action, we shall refer to the parties as they appeared in the district court.

Perhaps, we should say at the start that this proceeding…