Bellinger v. Martindale

Gridley, Justice.

This is an application for a new trial in an action of ejectment under the 36th and 37th sections of the act entitled “ Of the action of Ejectment ” (2 R. S. 309). The 36th section declares that “ every judgment in the action of ejectment rendered upon a verdict shall be conclusive on the party against whom it shall be rendered,” &c. The 37th section *114enacts that “ the court in which such action shall be rendered, shall at any time within three years thereafter, on the application of the party against whom the same was rendered, on payment of costs, &c. vacate such judgment,…