114 So. 321 | Miss. | 1927
The proceeding by which the judgment rendered at the former term of the court was set aside was under section 2952, Code of 1906 (section 3156, Hemingway's 1927 Code), which is a proceeding in the nature of a writ of error coram nobis. The ground upon which the former judgment was set aside was that the appellee had not been served with process, nor appeared to the action either in person or by attorney. Process in the cause for appellee showed personal service upon him; in fact, the entire proceedings in the cause, including the judgment which was set aside, were, on their face, regular and legal. Section 3945, Code of 1906 (section 3156, Hemingway's 1917 Code) is identical with section 1533, Code of 1880. The statute was before the supreme court inMeyer Brothers v. Whitehead,
At the threshold of the case we are met with the question whether the supreme court has jurisdiction of an appeal from such a judgment, and this is a question which the supreme court will raise on its own motion. Ward v. Whitfield,
This court, therefore, will not pass on the question whether there was error in setting aside the judgment in appellant's favor and reinstating the cause. That question is not properly before this court, and cannot reach here until a final judgment is rendered in the cause.
Appeal dismissed. *268