Columbia Auto Works, Inc. v. Yates

One of the two major questions presented by this appeal is whether the order of the district court denying defendant’s motion to vacate the judgment and decree of foreclosure is an appealable order.

The solution of this question lies in determining whether this case comes within either of two purported exceptions to the general rule that an order refusing to vacate an appealable order, judgment or decree is not an appealable order.

One of those exceptions which defendant invokes is that where the original judgment order or decree is void an appeal will lie from an order refusing to vacate it.

The…