Heller v. Ward

In an action to recover damages for fraud and for conversion, the appeal is from so much of an order as opened respondents’ default and permitted them to answer on terms, within a stated period. Order modified by striking therefrom everything following the word “ hereby ” in the second ordering paragraph and by substituting therefor the word “denied”. As so modified, order insofar as appealed from affirmed, with $10 costs and disbursements to appellant, without prejudice, if respondents be so advised, to a renewal of the motion upon proper papers. The facts stated in the moving papers are…