Russell v. Shurtleff

On petition for rehearing it is strenuously urged that the reasons .assigned in our former opinion for holding the original judgment entered in favor of the plaintiff in error void, are not tenable; that at most, the irregularities noticed, and upon which our decision was based, only rendered it voidable, and therefore not subject to attack by motion. On reconsideration of the case, we have concluded there is but one question necessary to determine, viz.: Was the judgment in question void ? To determine this question, it is not necessary to notice those passed upon in the original opinion,…