Goyhinech v. Goyhinech

Hayne, C.

This was an action for divorce. Judgment passed for the plaintiff. After the judgment had been entered, the defendant moved the trial court to set such judgment aside, on the ground that no findings had been made. This motion was denied, and the defendant appeals from the order denying such motion. The plaintiff moves to dismiss this appeal, and we think that the motion should be granted.

The motion was not for a new trial, but was merely to set aside the judgment. And the judgment was itself appealable. It is settled that when a judgment or order is itself appealable the appeal must…