Ballard v. Purcell

rendered the principal opinion in this case,

in which Bbosnan, J., concurred; Beatty, J., rendered a separate opinion.

This is an appeal from an order of the District Court for the County of Storey, setting aside a judgment entered by default against the defendants Driscoll and Gage.

The order from which this appeal was taken, was made in the same term in which judgment was entered.

Defendants’ counsel relies entirely upon the point that no appeal can be taken from an order of this character. The record shows that judgment was entered against the defendants Driscoll and Gage, and that upon the…