Kath v. Histogenetic Medicine Co.

The respondent moves to dismiss the appeal in this case. It appears that the appellant filed a petition in the court below to vacate a judgment rendered in favor of the defendants in an action by the appellant against S. L. Brown, defendant, and the Histogenetic Medicine Company, intervener, for fraud alleged to have been practiced in obtaining the judgment. Upon a trial the court denied the petition, and the petitioner appeals.

The order denying the petition was entered on May 6, 1908. Notice of appeal was given on August 4, 1908. It is claimed by the respondent that the appeal should have…