Natale v. Enterprise Publishing Co.

Plaintiff has petitioned this court for leave to appeal from an order vacating a judgment on verdict for $10,-000 proved up and entered in the absence of the defendants and their attorneys. Defendants have moved to dismiss on the ground that there is no provision for such an appeal, the order having been entered within the 30 day period pursuant to section 50 (6) of the Civil Practice Act. Plaintiff argues that the order is within the provisions of Supreme Court Rule 30 (now 306) which relates to the granting of new trials.

The order of vacation was conditioned upon the defendants’ paying…