List v. Jockheck

Opinion by

Strang, C.:

This action was brought under the fourth subdivision of ¶ 4669, General Statutes of 1889, and pursuant to the provisions of ¶ 4671 of the same stat*350utes. The object of the action was to vacate a judgment pending in the court of Shawnee county in favor of this plaintiff, and against this .defendant. The case was tried, as is provided, by the court without a jury, March 3, 1887, resulting in an order vacating temporarily the judgment complained of, allowing the defendant to answer, and again setting the cause for trial. This plaintiff objected to the order of the court…