Ingram & LeGrand Lumber Co. v. Burgin Lumber Co.

Beid, Chief Justice.

In the brief filed by counsel for the defendants in error the proceeding which they presented to Judge Byars, and to which the demurrers were addressed, is by them characterized as constituting “simply a request that he exercise his discretionary power to vacate and set aside said consent verdict and judgment, which were still within the breast of the court;” and authorities are cited for the proposition that the trial judge is empowered, before the adjournment of the term at which the judgment was rendered, to revoke the same on mere motion when the prayer therefor does…