
    Catherine Weldon, Respondent, v. The Third Avenue Railroad Company, Appellant.
    Reported below, 3 App. Div. 370.
    (Argued November 30, 1896;
    decided December 8, 1896.)
    Motion to open default in failing to file and serve a return upon an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 17, 1896, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial.
    
      Hoadly, Lauterbach & Johnson for motion.
    
      Foley & Wray opposed.
   Motion granted, upon payment of ten dollars and performance within ten days.  