Sandowitz v. Duane

The contention, on the part of counsel for the respondent, is that this order is not one opening a default, but is for the restoring of a cause to the calendar for trial, and that, therefore, it is not appealable to this court, we can hardly agree with this contention. An examination of the order-itself shows that the motion was treated as one for the opening of, defendant’s- default. In the last part of the order we find a recital of the grounds upon which it was made, evidently in harmony with the statutory provision which requires that an order opening a default shall contain such a…