Church v. Stevens

The plaintiff was entitled to the order setting aside the alleged default as a matter of absolute right. The imposition of $30 costs as a condition of granting the relief asked for was improper, as plaintiff was under no obligation to watch the calendar of *210Trial Term, Part 1, when the case had been restored to Trial Term, Part 4, where short causes are tried.

So much of the order as is appealed from is reversed, with $10 costs and disbursements to appellant.