Baldwin v. Foss

Lake, Ch. J.

The defendant in error moves the dismissal of this case, assigning therefor five several reasons, the first and principal one of which is, that the order of the district court brought here for review was not “final.”

Referring to the record, we find that the order in question was made on motion of this defendant in error in a case wherein he was plaintiff and one Thomas Murry defendant, and several months after said case had been finally dismissed at his costs. There had also been a motion by *456him for a vacation of the judgment of dismissal, which was denied. The object of the…