Nelson v. Denny

Fullerton, J.,

(dissenting). — I am unable to agree with the conclusion reached by the court in this case. If I read the opinion aright,- it holds that an order vacating and setting aside a judgment can, under no circumstances or conditions, be reviewed upon a direct appeal from the •order, no matter what the effect of such order may he upon the rights of the parties to the judgment. This, in my opinion, violates not only the plain provisions of the statute, hut goes beyond any decision of this court rendered since the present appeal statute went into effect, and is directly contrary to its…