
    The People ex rel. Norris L. Martin vs. The Mayor and Common Council of Brooklyn.
    Excuse and terms for opening default taken at general term in Rochester.
    
      Motion by defendants to set aside default taken on the first day of the last October (general) term.—This case is similar to previous motions at 54] this term for the same purpose. The counsel for the corporation supposing the case would not be reached until late in the October term, omitted to attend, and default was taken on the first day of term. The whole calendar having been called through on the first day, and thus the counsel was surprised.
    N. F. Waring, Lefts Counsel. N. F. Waring, Lefts Atty.
    
    J. T. Brady, Plffs Counsel. H. B. Duryea, Plffs Atty.
    
   The judge repeated his former remarks to counsel in relation to the term held at Rochester, that the calendar had been called through on the first or second day of the term ever since the court had been held at Rochester.

Decision.—Default set aside, on payment of the costs of the default and subsequent proceedings, and seven dollars costs of opposing motion.  