J. Eavenson & Sons v. Adelson

March 6, 1923, a judgment by default was entered against defendants in the municipal court. Upon motion made within thirty days, supported by affidavits, the court vacated and set aside said judgment. By this attempted appeal plaintiff seeks to have this order reversed.

It is the well-settled rule that such an order is not final and is not appealable. Where a defendant makes a motion to set aside a default and vacate a judgment in order to allow a defense, and such motion is denied, the denial of the motion is a final judgment which may be reviewed; but when such motion is allowed for the…