Staab v. Thoreson

Appellant, Merlin A. Staab, has appealed from an adverse judgment upon respondents’ counterclaim in an action upon a contract for farm land clearing.

Judgment was entered December 19, 1975. Thereafter, on January 15, 1976, appellant filed a motion to set- aside judgment. Said motion alleged that the judgment was procured through extrinsic fraud. We find it unnecessary to recite the events leading to the motion to set aside judgment as the present record affords no basis for appellate review.

*538A motion to set aside judgment for extrinsic fraud differs from the ordinary after-trial motion in that…