Iler v. Darnell

This is a petition filed for a new trial in an action at law, under the provisions of section 602 of the code of civil procedure. Tlie case is brought into this court by appeal. The plaintiff moves to dismiss the appeal, *193“ on the ground that the same is not an action, and is not a proceeding in equity; and, therefore, not appealable.”

In Coates v. Chillicothe Bank, 23 Ohio State, 431, the. court say: “ The power given to courts of record, by sections 534 and 542 of the code” (602 and 610 of our code), “to vacate or modify their own judgments or orders, after the term at which they are made,…