Matchan v. Phoenix Land Investment Co.

These proceedings, two in number, involve but one controversy and will be disposed of by this one order.

The appeal is by R. R. Betcher and First National Holding Company, a corporation, from an order denying their motion to vacate a judgment. It appears that both appellants were parties to the case as tried and decided below. The points they now urge in their attack upon the judgment could have been made by an appeal therefrom. Therefore, they cannot be reviewed by a motion to vacate the judgment. Gasser v. Spalding, 164 Minn. 443, 205 N. W. 374. In consequence the order denying the motion is…