Lincoln Tavern, Inc. v. Snader

The immediate question presented by this appeal is whether the Court of Appeals erred in dismissing the appeal, on the ground that the action of the trial court, in finding the judgment in issue to be voidable rather than void and in refusing to vacate the sale made thereunder, is not a final order.

To determine this issue, we must consider, first, the nature of the defendants’ attack on said judgment and, second, the status of the judgment.

The plaintiff filed a petition to vacate the judgment, on the ground that it is void due to the failure of the service of process, and tendered an answer…