Butterick Publishing Co. v. King

The order appealed from must be affirmed. It grants appellants all that they are reasonably entitled to receive, and it permits them to interpose an additional defense even after the entry of judgment, upon terms which, in our judgment, were very reasonable and usually exacted. Appellants’ contention that said order grants them relief not asked for I think has no force, because in our judgment, and in view of all the surrounding facts and circumstances, the relief granted^ is all that should be granted them. We think that the order of March 2d is the pnly one subject to review on this appeal, as it superseded the orders of February 17th and 25th. The first-named order at least modified the prior orders, and was just and reasonable, and is affirmed, with costs, and with leave to the appellants to comply with the terms thereof, within five days after notice of entry of order herein.