Fuller Buggy Co. v. Cudney

The plaintiff obtained judgment by default. On motion, the default was opened as to the defendant Cudney, the order providing as follows: “ Said judgment stand for whatever judgment the plaintiff may finally obtain herein against said defendant.”

On' the trial, the defendant prevailed, and judgment dismissing the complaint has been entered; plaintiff has appealed and the appeal is still pending.

This is a motion by the defendant Cudney to cancel the record of the judgment. The plaintiff contends that the judgment should stand until the termination of the appeal or any other which may be had in…