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J. Fleming Dutch v. Orrel A. Parker
Pee Cubiam.
The order opening the default and vacating the judgment is not appealable in the first instance. Laws of 1902, chap. 580, § 257. See 80 App. Div. 368.
The appeal is, therefore, dismissed, with costs.
Present: Gildebsleeve, Dugeo and Dowling, JJ.
Appeal dismissed, with costs.