Majority
p. 791(October 9,1946.) Orazio Della-Posta, as Administrator of the Estate of Vito Della-Posta, Deceased, Plaintiff-Respondent, v. Leonard Turso, Sr., Appellant, and Leonard Turso, Jr., Defendant-Respondent. Oliver K. King, Respondent.
Appellant’s motion to open default granted and order dismissing appeal vacated. Respondent’s motion to dismiss appeal denied on condition that appellant perfect the appeal for Monday, October 28th (for which day the case is set down) and be ready for argument when reached; otherwise, motion granted, with $10 costs. Present — Lewis, P. J-, Hagarty, Carswell, Johnston and Adel, JJ.