Rosenberg v. Block

An order of the Municipal Court denying the right of the defendants to file an answer was reversed by this court with ten dollars costs to the defendant in this action. The answer was filed and the plaintiff noticed the case for trial. When the case was called the defendants objected to the plaintiff’s proceeding until the costs above mentioned were paid, it being conceded that they had not been paid.

The learned justice ruled that the defendants having retained the notice of' trial had thereby waived any stay for non-payment of costs, and thereupon an inquest was taken.

Upon a motion to open…