Bannon v. Levy

A judgment taken by default against the defendants was on their application opened as matter of favor so far as to permit them to come in and defend, upon condition that they deposit into court the amount of the claim and costs as security for any *92judgment that might be recovered after a trial on the merits. The defendants complied with the condition to the extent of making the necessary deposit, and thereby secured a trial, which resulted in a dismissal of plaintiff’s complaint. The defendants thereupon withdrew their deposit, and the plaintiff appealed from the judgment, which was…