Trimble v. M. V. Corey & Son

This is an appeal from an order of the district court for Clay county setting aside a default judgment of that court and granting a new trial in an action, pending therein.

The application for the new trial was made by petition, under the provisions of sections 602 and 603 of the code, *6at a regular term of the district court immediately following, a special term at which the default judgment was rendered. This is a second appeal from such an order. On the first appeal the commissioner who wrote the opinion overlooked our former decisions and treated the order as appealable. In the great press…