Putney v. Collins

The opinion of the court was delivered

*>y Strong, J.

The order of the court below to open the judgment was wholly within its discretion, and is therefore not reviewable by us. Of course we cannot inquire into the conditions upon which the judgment was opened. It is true, if it was opened on a condition subsequent which was illegal, the condition was void, and inoperative in any after-part of the proceeding. If therefore it was contrary to law to require the defendant to stipulate that he would not plead to the jurisdiction of the court, such a stipulation would not prevent such subsequent…