Colwell v. Devlin

The granting of an order opening a judgment taken by default, and permitting a defendant tó coiné in and defend a District Court action, must necessarily rest to a reasonable extent in the discretion of the justice presiding. Though such an order is reviewablé by this court, and we might on an original application have been more exacting as to the reasons for judicial action, there is not enough, in the record to establish a case where the discretion has been abused to a degree that calls for interference by an appellate tribunal.

"• The order was made upon chapter 748 of the Laws of 1896…