Wichita Mill & Elevator Co. v. Kirkpatrick

This is an appeal from an order setting aside a judgment of dismissal of the caus¿ and reinstating it on the docket. The cause had been, as stated by the court, inadvertently and by mistake dismissed at a former term, and was reinstated upon a bill of review filed by the plaintiff. It was in effect granting a new trial after the term at which the judgment had been rendered. This action upon the part of the court was legal and valid; but the order was not a final judgment from which an appeal could be prosecuted. The order of dismissal of the cause was a final judgment from which an appeal…