Fillhardt v. Schmidt

Opinion op the Court by

Stanley, Commissioner—

Reversing.

The joint appeals are from judgments dismissing petitions for new trials, brought under Section 518, subsection 4, of the Civil Code of Practice, upon the ground of fraud practiced by the successful party in obtaining judgments dismissing as settled two actions for damages. The new suits and the appeals are against the defendants in the tort actions and their attorneys; also against plaintiff’s attorneys of record in those cases. The questions are whether an order overruling a motion to set aside an original judgment from which no appeal…