List v. Jockheck

It is insisted that the original opinion handed down in this case, ante, p. 349, is erroneous, because subdivision 2 of- §542 of the civil code authorizes the supreme court to reverse, vacate or modify an order that grants or refuses a new trial. It is further insisted, that a new trial has *749been granted in this case within the terms of § 542 of the civil code, and therefore that error to this court will lie therefrom.

Said §542 does not embrace orders of the district court vacating or suspending temporarily only a judgment, under the provisions of §§ 568,570,572 and 573 of the civil code.…