Eggert v. Bonnet — 47 N.Y. Super. Ct. 554

Majority

p. 554

WILLIAM EGGERT, Appellant, v. DANIEL B. BONNET, et al., Respondents.

Before Sedgwick, Ch. J., and Van Yorst, J.

Decided November 7, 1881.

Appeal from order opening a default on condition of payment of costs and of plaintiff stipulating that issues be referred.

James K. Hill, Wing & Shoudy, attorneys,-and L A. Shoudy, of counsel, for appellant.

Charles W. Seymour, and Henry Q. Atwater, for respondents.

In view of the general circumstances of the case, and of the particular fact that probably a jury is the proper judge of the material issues, the

p. 555

order below is modified by striking therefrom the condition that plaintiff stipulate to refer. The condition as to costs is retained.

The order appealed from is to be modified, as indicated, without costs to either party.