
    Henry J. Silleck, Jr., Respondent, v. Josiah Dahut, Appellant.
    (City Court of New York, General Term,
    May, 1901.)
    Practice — Failure to folio papers — General Rules of Practice No. 19.
    Where an affidavit and order extending the defendant’s time to plead are not folioed, the plaintiff has a right to return them within twenty-four hours.
    Appeal from an order of the Special Term of the City Court of the city of Mew York imposing, as a condition for the acceptance of the answer of the defendant, the costs and disbursements as taxed in the judgment-roll, and directing that the judgment entered on default stand as security. The answer was not folioed as required by rule 19 of the General Rules of Practice.
    Joseph Rosenzweig, for appellant.
    P. A. Hatling, for respondent.
   Per Curiam.

The plaintiff had a right to return the affidavit, and order extending defendant’s time to plead for failure to comply with the requirements of rule 19 of the General Rules of Practice, and, having done so within twenty-four hours, the defendant was in default on the 11th day of January, 1901; being in default, it was well within the discretion of the Special Term to impose, as a condition for compelling the acceptance of the defendant’s answer, the payment of costs and the giving of security. Furthermore, it appears that the defendant has complied with the terms of the order by paying the costs as taxed in the judgment-roll and serving his answer. By submitting to the terms of the order, the defendant waived his right to appeal therefrom.

Order appealed from affirmed, with ten dollars costs and disbursements.

Present: Fitzsimons, Ch. J., and O’Dwyer, J.

Order affirmed, with ten dollars costs.  