
    Antonio Philipe, Appellant v. Boas Levy, et al., Respondents.
    Decided June 20, 1888.
    Appeal by Ann M. Philipe, executrix of the will of Antonio Philipe, denying her motion to open a default taken against Antonio Philipe in his lifetime, and for leave to prosecute the action and to defend and contest the validity of a counterclaim contained in the answer.
    Marsh, Wilson & Wallis, for appellant. L. Edgar Aron and H. Morrison, for respondents.
    Before Sedgwick, Ch. J., and Truax, J.
   The papers showed that the appellant qualified as executrix in Alabama ; that she had never taken out letters in this state, and that she had not been substituted as a party to the action. (Truax, J., writing), held “ that the appeal should be dismissed.” (Sedgwick, Ch. J., writing), held that the order should be affirmed or the appeal dismissed at the option of the respondents.”  