Owen v. Going

The appeal in this case must be dismissed; it is an attempt to have reviewed here an order of the district court setting aside a previous order vacating a judgment.

It has frequently been held that no appeal lies to this court except from a final judgment or decree. Higgins v. Brown et al. 5 Col. 345; Laws 1879, p. 226, sec. 26.

In view of the theory upon which the court below *86seems to have acted in granting this appeal, we venture' a suggestion as to the status of the parties when the cause is remanded.

The judgment in question and the order vacating it were both entered at the same term.…