
    WILLIAM A. HAGGERTY, Appellant v. JAMES J. PHELAN, Respondent.
    
      Amended answer, terms on which leave to serve same should be granted. Where a demurrer was sustained to a portion of the answer with leave to amend upon payment of costs within a time specified, defendant paid costs but neglected for nearly a year to serve such amended answer, and when the cause was about to be reached for trial moved to be relieved from his default and to be allowed to serve such amended answer which motion was granted on payment of twenty dollars additional costs. Held, that the order should also have imposed as a comdition, the payment of the accrued term fees, and order modified accordingly.
    
    Before Sedgwick, Ch. J., Freedman and McAdam, JJ.
    
      Decided May 2, 1892.
    Appeal from order allowing defendant to serve an amended answer on terms, his time to do so having long expired.
    
      Charles M. Hall, for appellant.
    
      Samuel E. Duffey, for respondent.
   Per Curiam.

Order modified by imposing payment of fifty dollars accrued term fees in addition to the costs provided in the order, and, as modified, affirmed without costs of appeal.  