Clement v. White's Express Co.

Upon a reargument, our attention has been called to the fact that the order opening the default of the defendant failed to vacate the judgment, while at the same time directing that the defendant deposit the amount of the judgment with the clerk of the court, and also directing that upon failure to comply with the said requirements the defendant pay the sum of $10 costs. The order in such a form was unauthorized. The judgment should have been vacated and set aside (Dorfman v. Hirschfield, 53 Misc. Rep. 538, 103 N. Y. Supp. 698), and costs upon failure to comply with the terms of the order…