Majority
p. 1130MORIURO et al., Respondents, v. NEIVA et al., Appellants. (Supreme Court, General Term, First Department. January 18, 1895.)
Headnote
Action by Ichibaro Moriuro and others against Mukuro Neiva and others. G. W. Gibbons, for appellant. Y. D. Deckert, for respondent.No opinion. Motion to open default granted upon payment of costs and disbursements, referee’s fees and allowance contained in the-judgment, and costs and disbursements of appeal, with a waiver of all costs or disbursements which may have been incurred in the contempt proceedings, and also upon appeal from order denying motion to-punish for contempt. Upon those terms, the defendant should be allowed to come in and defend in. the action for an accounting.