
    RUNYON W. MARTIN, Plaintiff and Respondent, v. JAY GOULD, Impeaded, &c., Defendant and Appellant.
    Before Curtis and Van Vorst, JJ.
    
      Decided, August 1, 1876.
    Default nr sebving complaint, opening.
    1. Discretion. Its opening rests in the sound legal discretion of the judge before whom the motion is held at special term.
    Appeal from an order opening plaintiff’s default and granting him leave to serve his complaint.
    
      Thomas G. Shearman, for respondent.
    
      Wm. P. Lee, for appellant.
   Van Vorst, J.,

wrote for affirmance, laying down the proposition in the head-note.

Curtis, J., concurred.

Order affirmed with costs.  