Conant v. American Rubber Tire Co.

This is a motion to open a default and to vacate a judgment for costs upon the dismissal of the complaint, November 14, 1900.

On a former trial of said action, a verdict was directed in favor of the plaintiffs, with costs. An appeal was taken from that judgment to the Appellate Division of the Third Department, where said judgment was reversed and a new trial ordered, with costs to abide the event. The order of reversal was entered in the Appellate Division at Albany, March 7, 1900'. No papers were forwarded by the clerk of the Appellate Division to the county-clerk of Madison county, where…