95 Neb. 1 | Neb. | 1914
Lead Opinion
This is an action brought to vacate a judgment and for a new trial in an action by defendant against plaintiff
An appeal was taken from the entry of the original judgment by the. district court (Sloan v. Hallowell, 83 Neb. 762), and a final order of affirmance was rendered March 20, 1909. From that date to the filing of the petition in this case was less than one year, but in Hellman v. Adler & Sons Clothing Co., 60 Neb. 580, it was held that the “final judgment” referred to in section 318 of the code is the judgment rendered by the district court, and that an appeal to the supreme court does not extend the time within which the petition might be filed.
The judgment of the district court sustaining a general demurrer to the • petition and dismissing the suit is therefore
Affirmed.
Concurrence Opinion
concurring.
I concur for the reason that there are no facts set forth in the petition which malee the case one for the intervention of a court of equity.