"However, in view of the fact that the record discloses various matters which might be presented to this. court in a direct proceeding to. vacate and set aside such judgment jon the ground that it was improperly or improvidently rendered, T am {inelined to think that the decision in this ease should not be upon the merits but merely a judgment dismissing this action without prejudice to the right of the plaintiff to bring another action in the event that the judgment which is here pleaded in bar should hereafter be vacated and set aside.
"ft is therefore ordered and adjudged that this action be dismissed without prejudice to the plaintiff's right to institute another action against this defendant in case the judgment which is now held to be a bar to this action should hereafter be vacated and set aside. The defendant is awarded judgment. {for its costs in this action."
Text read from the printed page and cleaned; old type leaves the occasional error.