Commonwealth ex rel. Reeves v. Unknown Heirs of Brown

CLAY, Commissioner.

We have before us an appeal from an order setting aside a former judgment and granting the defendants, appellees, a new trial. It must be dismissed for lack of jurisdiction.

In 1942 a judgment affecting the rights of the defendants was entered in the Clay circuit court. Within five years thereafter they filed a motion to set aside the judgment and to be granted a new trial, on the ground that they had been constructively summoned in the action and had not appeared. The authority for this motion is found in section 414 of the Civil Code of Practice.

The circuit court sustained…