Cuff v. Dorland

7 Abb. N. Cas. 194

Opinion

Daniels, J.

[After permitting the default to be opened on payment of costs by defendant.]—There is no reason for allowing the service of a supplemental answer. For the party succeeding to the plaintiff’s right in the case may continue to prosecute the action in his name, the same as though no change of interest had taken place (Code, § 756).

Should the costs not be paid, then the motion will be denied. But in case of payment the cause will be again restored to the calendar for trial.