Opinion
June Term, 1903.
Present — Patterson, O'Brien, Ingraham, McLaughlin and Hatch, JJ.
Order modified as directed in opinion, and as modified affirmed, without costs of appeal to either party.
Under the circumstances of this case, the defendant should only pay, as a condition of opening his default and serving the bill of particulars, costs after notice of trial, fifteen dollars; one term fee, ten dollars; costs of opposing motion, ten dollars, and witnesses fees, eleven dollars and four cents, making a total of forty-six dollars and four cents. The order should be modified accordingly, and as modified affirmed, without costs of this appeal to either party.