Dailey v. Stromberg

This motion brings for review a question that frequently arises. An inquest was taken by defendant on its counterclaim. Plaintiff moved to open the default and its motion was granted “ upon the condition that the plaintiff pay to the defendant * * * the sum of one hundred eleven and eighty-five one-hundredths dollars, the costs taxed herein upon the entry of the said judgment and ten dollars costs of this motion, making in all the sum of one hundred twénty-one and eighty-five one-hundredths dollars.” Thereafter the case was tried and the defendant again succeeded upon its counterclaim. The…