Thomas H. Coulter and Another, Appellants, v. Index Shale Oil Company, Respondent

Thomas H. Coulter and Another, Appellants, v. Index Shale Oil Company, Respondent. [MAJORITY] Order denying motion to open default of plaintiffs reversed and motion granted upon the following conditions: (1) Plaintiffs to pay a full bill of costs together' with $10 costs of motion and costs and disbursements of defendant on appeal; (2) judgment entered on March 3, 1924, for the sum of $54,432.10 [$51,032.58] in action of Thomas H. Coulter and John Arthur Weis v. Shale Oil Machinery & Supply Co. [Index Shale Oil Co.] should be canceled; (3) all proceedings pending in the State of Colorado founded on that judgment should be annulled or discontinued, the trial of the action to be resumed or proceed before the referee within twenty days. Upon the failure of plaintiffs to comply with any of the above terms, the order should be affirmed, with ten dollars costs and disbursements to respondent. Settle order on notice. Present—Clarke, P. J., Dowling, Merrell, Martin and Burr, JJ.