Wilson v. Shrader

Robinson, Judge,

(dissenting as to point 2 of the syllabus) :

It seems anomalous that there may be right to demur after final judgment in any case, particularly when, as in this case, the party granted that right is grossly in default. So to hold is wholly out of accord with ordinary principle, to say nothing of the plain terms and the well recognized spirit and purpose of-secs. 46 and 47, ch. 125, Code 1906.

The statute provides that an office judgment which is not set aside in the manner therein provided shall become a final judgment at the end of the first term after which the office judgment…