Majority
p. 877Ichibaro Moriuro et al., Resp’ts, v. Mukuro Neiva et al., App’lts. Sup. Ct., 1 D., January 18, 1895.
No opinion. Motion to open default granted upon payment of costs and disbursements, referee’s fejs 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.