Vizelich

Appeal by defendant George Finkbohner from a judgment and order denying motion for a new trial in an action upon a street assessment. The judgment was entered on a stipulation of attorneys assuming to repre sent defendants, including Pinkbohner. The authority of attorneys so to act is disputed by Pinkbohner. His motion tu vacate and set aside the stipulation under which judgment was entered against him was denied. He appeals from the judgment; also from the order denying his motion for a new trial, and the principal question is, Did the court err in refusing to vacate and set aside the stipulation ?

There was an appeal to the supreme court from the judgment; the purpose being to cause the reversal of the order of March 12, 1900, refusing to vacate and set aside as void the stipulation on which judgment was entered, and also to cause the reversal of the order dismissing the action as to Pinkbohner. The court reversed the judgment of dismissal, but did not set aside the stipulation. The court, however, on the facts there presented, held that the trial court “was not warranted in finding, upon his [Pinkbohner’s] motion, that there was no appearance made by said defendant, even…