Barkin v. Rosenbach

On October 3, 1898, the defendant obtained, on the default of plaintiff, a judgment dismissing the complaint and giving defendant affirmative relief on his counterclaim in the sum of $60 and costs. On the following day, as appears from the return, a disposition of the case was made as follows, viz.: “ The above case being called to-day on the regular call of the calendar, on a motion to open the default, the attorney for the defendant consents to the opening of the default, and both sides agree to go to trial to-day, the counsel for the plaintiff answering ready for trial. The case being…