Except in cases where no service of the summons is made, an appeal does not lie from a judgment entered on default. The proper practice is to move to open
The appeal from the judgment will be dismissed, with ten dollars costs. The order denying the motion to open the default will be reversed and the cause directed to be tried, upon the payment by defendant to plaintiff’s attorney, within five days, of the costs included in the judgment. Ho costs to either party upon appeal from the order, and the judgment already entered is to stand as security.
Present: Scott, O’Gorman and Newbtjrgker, JJ.
Appeal dismissed, with costs; order reversed and cause directed to be tried, upon payment by defendant to plaintiff’s attorney, within five days, of costs included in judgment. Ho costs to either party upon appeal from order, and judgment already entered to stand as security.