Wasson v. Hoff

Ordered, that the order of April 23d last, and the judgment entered thereon dismissing the appeal, be amended so as to provide that the appeal be dismissed with costs, including $10 costs of the motion, unless the appellant within 10 days pays the costs of the motion, and procures a stipulation from the respondent opening the default and allowing the case and exceptions to be signed and filed, or serves motion papers for the earliest term practicable for an order opening the default, and thereafter proceeds with due diligence to have the case and exceptions signed and filed. See opinion of Williams, J., in Vandenbergh v. Mathews (decided at the present term) 65 N. Y. Supp. 365 .