Davidson v. Ream

The defendant moves, under an order to show causé granted by Mr. Justice Chester, for an order setting aside an order of discontinuance granted by Mr. Justice Chester at Special Term, November 10, 1916.

The defendant appears without prejudice to his special appearance herein.

There is no dispute as to facts. The question is, shall the order of the Special Term, granted by Mr. *73Justice Chester, ex parte, discontinuing this action be vacated?

The order of discontinuance made November 10, 1916, was made on the affidavit of Hon. Edgar T. Brackett, and the substantial part of the order reads as…