Kopecky v. Kopecky

This defendant-administrator obtained judgment (in a former accounting suit) against plaintiff herein. After expiration of time for filing motion for new trial in that case (rules 244 and 247, R. C. P.) defendant therein filed this petition as an independent proceeding, apparently under rule 252(f) notwithstanding rule 253(a) expressly states such petition “must be filed in the original action.” The petition stood denied without answer and the proceeding was triable as an ordinary action. Rule 253. No equitable grounds are alleged so we need not discuss whether that remedy is still available…