Whitney v. Porter

The defendant Porter on January 3, 1916, having recovered final judgment for damages assessed by the' court in an action of tort against the plaintiff in review, who never appeared but was defaulted, he petitioned thereafter for a writ of review, which was granted, and the execution was stayed or superseded.

A review under our law is said to be equivalent to a new trial after judgment, and everything is open upon the review as it would have been in the original action. But the judgment is not set aside. It stands until the judgment in review, which may affirm, reverse, or modify the former…