Ehnes v. Quinn

This appeal is from the “determination” of “the [District] Court * * * whereby the judgment entered in the above stated action in favor of the plaintiff and against the defendant was vacated.”

Turning to the “determination” we find that it reads in part as follows: “ordered that said judgment be vacated and all other proceedings set aside." (Italics supplied.) If this “determination” is merely the opening of a default judgment for trial, including the taking of proofs by both parties, it is clear that it is not reviewable by appeal; but if the “determination” is to be considered a finality,…