Gramm v. Fisher

There is a motion of defendant in error in this case to dismiss the proceeding, and to dismiss the petition in error, for the reason that no judgment or final order was ever made or entered in the court below. It is claimed that the proceeding in error is premature. The Code provides (section 3128) that “a judgment rendered or final order made by the district court may be reversed, vacated, or modified by the supreme court, for errors appearing in the record.” A judgment is defined as follows: “A judgment is the final determination of the rights of the parties in an action ; anda direction of…