Green v. Thatcher

A final appealable judgment for the recovery of real property was entered against the appellants in the district court. They made an application in the same cause for an order to set it aside, which was denied, and from the order denying this motion they are prosecuting this appeal.

1. In volume 1 .of the second edition of his work on Judgments, at section 34, Mr. Black says, where an application to set aside a judgment comes in the form of a motion made in the same cause and the court grants an order vacating such judgment already entered, that the vacating order is not a final judgment, for…