O'Connor v. O'Connor

SHELBY, Circuit Judge.

This was a motion made in the court below on December ÍJ9, 1904, to vacate and set aside a judgment dismissing a cause and striking it from the docket, which judgment was rendered and entered on May 16, 1890, more than 14 years and 7 months before the motion was entered. The defendants demurred to the motion, and assign as one of the grounds of demurrer that the court below had no jurisdiction to determine the motion, because it appeared from the motion that the “plaintiff’s remedy, if any he have, is upon the equity side of the docket.” The court sustained the demurrer,…