Geiger v. American Seeding MacHine Co.

The first problem to be considered relates to a question of procedure. The defendants in error contend that the error proceeding should have been instituted within 70 days after , the final order. The question is whether the entry of August 2, 1930, or the entry of November 13, 1930; was the final order which starts the running of the statute. On August 2,1930, the Court of Appeals tried the issues made by the pleadings filed prior to that time, and entered a decree upon the journal. That decree was a judgment, and if it had contained no qualifications, and if no further action had been taken…