Cooper v. Mayor of Cape May Point

The opinion of the court was delivered by

Van Syckel, J.

This is an application by members of the common council of Cape May Point to open a judgment entered by default in the above-stated cause on the 5th day of December, 1899.

Application for the rule in this case was made May 29th, 1901.

To justify the granting of such motion both surprise and merits must be shown, where the judgment has been regularly entered. Herbert v. Hendrickson, 9 Vroom 296.

After the entry of the judgment and return of the execution unsatisfied, the plaintiff applied for a mandamus to compel the appointment of an…