Howard Stove & Furnace Co. v. Rudolf

Plaintiff appeals from an order made February 7, 1934, vacating a decree (which allowed plaintiff $141.95 and costs on foreclosure of a mechanic’s lien) duly entered by default on March 3, 1931.

Defendants’ motion to vacate the decree was filed May 9, 1931. The February term, at which the decree Was entered, adjourned sine die on May 2, 1931. This motion was overruled on May 22, 1931, because it was not filed within the term at which the decree was rendered. In the same order the court further sustained “the motion of defendants to deny” confirmation of a sale of the property made by the…