Travelers Insurance v. Wagner

February 16, 1934, defendant; failing to appear, plaintiff had judgment against him for $322.56, and execution was issued; April 6th defendant filed his petition asking that the judgment be vacated; the court vacated the judgment and the cause was set for hearing, and subsequently on May 1st was dismissed for want of prosecution. Plaintiff appeals, asking that the order of April 6th be ordered vacated and set aside.

It is well established that where final judgment has been entered and the term has expired the court has no longer jurisdiction to vacate the judgment except

where the petition to…