Cohen v. Stingl

(concurring in part and dissenting in part) — The majority dismiss this appeal for the reason that the October 31st judgment shows on its face that the trial court lacked jurisdiction to enter it, in that the ground relied upon by the trial court for vacating the judgment of January 11, 1956, is not a statutory ground; hence, the January 11th judgment was never legally vacated and the subsequent judgment is void. I do not agree with the majority that the appeal should be dismissed, for the following reasons:(1) The trial court vacated the January 11th judgment for the reason that adequate…