Nye v. Dawes

— Judgment and order unanimously reversed, without costs of this appeal to either party, judgment set aside and the order denying defendant’s motion to stay the entry of judgment and restore the case to the calendar for trial reversed and the Clerk directed to place the ease upon the Trial Calendar. Memorandum: The defendant procured an order to show cause why entry of judgment in favor of plaintiffs should not be stayed and the proceedings upon tbe inquest vacated, and why an order should not be made restoring this action to the Trial Calendar. The plaintiffs claim that this is a motion to…