Mason v. MacNeil

Appeal by plaintiff from an order setting aside both the judgment for the foreclosure of a materialman’s lien and the sale thereunder of property belonging to defendants MacNeil.

Plaintiff supposes that the only question presented by the appeal is whether there was any discretion to vacate the judgment, application having been made, it is claimed, more than one year after notice thereof to the judgment debtors. The reference is to G-. S. 1923 (2 Mason, 1927) § 9283, which limits to one year the exercise of the power of the court to vacate a judgment taken through “mistake, inadvertence,…