
    Daniel Kanaugh, as Administrator, etc., of Catherine H. Kanaugh, Deceased, Respondent, v. George H. Underhill, Appellant.
   Order reversed, with ten dollars costs and disbursements; default opened and judgment vacated, on the condition that the defendant file a stipulation agreeing to take the testimony of the plaintiff, if desired, before Charles O. Pratt, Esq., counselor at law, who is hereby appointed a referee for such purpose, and pays said ten dollars costs and disbursements, and thirty dollars trial fees and disbursements of the Trial Term. If such stipulation is not filed, and said costs paid, order unanimously affirmed, with ten dollars costs and disbursements. All concurred.  