Tims v. Holland Furnace Co.

Two questions arise upon this appeal. First, may the Court of Common Pleas, for good cause shown and in the exercise of sound discretion vacate a judgment, during the term in which it was rendered and before an appeal has been instituted, to permit the preparation and timely filing of a bill of exceptions and later, during the same term, enter a new judgment, from the date of which latter judgment, the time for perfecting an appeal will begin to run? Second, does the vacation of a vacatur followed by the entry of a new judgment resurrect and reinstate the original judgment?

It is axiomatic…