We conclude that plaintiff's motion to vacate and/or modify the judgment of dismissal in the instant case, ostensibly used as a means to obtain reconsideration of a judgment, decree or order finally disposing of the action before trial under Rule 12(b) (6) is within the coverage of Rule 59(e) and, if served not later than 10 days after entry of the judgment, decree and order, terminates under Rule 73(a) the running of the appeal time. Woodham, supra; Sharp v. Sharp, 1966, 196 Kan. 38, 409 P.2d 1019; 3 Barron Holtzoff, Federal Practice and Procedure, ยง 1308. The denial of her motion on April 21, 1969 by the second justice on grounds of intracourt policy did not aggrieve the plaintiff as the motion was subject to dismissal for untimeliness, since the service of her motion had been made on January 10, 1969, a date much beyond 10 days after the dismissal judgment of December 12, 1968.