Zimmerman v. Dutchess Costume Co.

The court had no power to impose these costs. The excuse given for the default, to wit, attendance at the wrong part Of the court, the affidavit of merits, a willingness to try the cause, the financial responsibility of the defendant, and the defense of payment, all present sufficient reasons for granting the motion, and its denial was an abuse of discretion.

Order reversed, judgment vacated, default opened, and case set down for trial, with costs to appellant to abide the event.