
    McKEE v. POLLOCK.
    (Supreme' Court, Appellate Term.
    January 5, 1911.)
    Appeal and Error (§ 113*)—Orders Appealable—Order Vacating Default. An appeal does not lie from an order opening a default and setting the case for trial.
    [Ed. Nóte.—For other cases, see Appeal and Error, Cent. Dig. § 766; Dec. Dig. § 113.*]
    Appeal from Municipal Court, Borough of Manhattan, First District.
    Action by Robert A. McKee against Frank V. Pollock. From an-order opening a default and setting the case for trial, plaintiff appeals.
    Appeal dismissed.
    Argued before GIEGERICH, BRADY, and GAVEGAN, JJ.
    Graham & Stevenson, for appellant.
    Bernheim & Loewenthal, for respondent.
   PER CURIAM.

This is.an appeal from an order opening a default and setting the case down for trial. An appeal will not lie from such an order.

Appeal dismissed, with $10 costs.  