Dinsmore v. Adams

— The legal objections which have been raised upon the plaintiff’s behalf are untenable. The court has control of its own judgments, and will vacate a decree which has been improperly obtained, upon such notice as, ■ in view of the circumstances of each case, may be deemed just and proper. This power is inherent, and is not limited by section 174 of the Code, which has reference merely to ordinary dlfaults.

The real question is, whether the moving parties have made out a case for the exercise of this power. The affidavits are ■ conflicting, and the court must look to the record and the…