
    JOHN R. VOORHIS, Appellant, v. STEPHEN B. FRENCH, et al., Respondents.
    
    Before Sedgwick, Ch. J., and Freedman, J.
    
      Decided June 6, 1881.
    
      Default—-presumption that same was regula/rly taken.—Calendar— non-puhlication of, not conclusive evidence that there was none.
    
    Appeal by plaintiff from order granting, upon condition of payment of $10 costs, plaintiff’s motion to open default at trial term.
    The court, at General Term, said: “The appellant’s counsel takes the position, that the motion below should have been granted unconditionally, inasmuch as he claims the fact to be, that the default was taken upon a day when the cause was not upon the day calendar for trial. It is not decisive as to this, that the Daily Register advertised no day calendar. The day before, it clearly appears that the case had been adjourned. No day of adjournment is given, but the usual course would have been for the case to go over to the next day, and as the court, of course, had judicial and personal knowledge of the calendar, his acting as if the default had been regularly taken, must' be deemed to be final. The terms imposed as a condition of setting aside the default, were the least possible, and were in his discretion.
    
      Chauncey M. Bruax, for appellant.
    . Elidm Root and Willard Bartlett, for respondents!
    
      
       See Ante, p. 364.
    
   Opinion per Curiam.

Order affirmed, with $10 costs, and disbursements to be taxed. :  