Besch v. Maurer

OPINION

BY THE COURT:

■ Submitted on motion of appellee to dismiss the appeal for the reason that the order overruling the motion to vacate and set aside the judgment is not a final order.

The original judgment was entered on February 15, 1940. Six days thereafter, on February 21, 1940, appellants interposed a motion to vacate and set aside the judgment.

It is from the ruling of the court refusing to sustain the motion to set aside the judgment that the appeal is prosecuted. It is claimed that this entry is not a final order from which appeal may be prosecuted.

We have held to the contrary in…