
    BURGER et al. v. TRIPLER et al.
    (Circuit Court, S. D. New York.
    December 21, 1901.)
    Motion to strike demurrer from the files, for decree pro confesso, and to allow demurrer to stand as a pleading.
    James C. Chapen, for the motion.
    H. A. West, opposed.
   LACOMBE, Circuit Judge.

The defendant was in default, and his demurrer improperly filed. He ’presents an excuse for his default, and prays that it may be opened. This application is granted, and he is given to and including December 27th to demur, plead, or answer; issue, however, to stand as of June rule day, and defendant to file stipulation to complete his proofs under any plea or answer which he may file within 90 days after complainants close their prima facie proofs.  