4.  Where  the  defendant  has  interposed  a  counterclaim,  and  the
damages  are  liquidated,  in  favor  of  the  defendant  for  a  specified
sum.
5.  Where  the  plaintiff  has  proved  his  case,  btit  the  damages  are
uncertain,  that  tne  jury  render  a  verdict  in  favor  of  the  plaintiff
and  determine  the  amount.
6.  Where  the  defendant  has  interposed  a  counterclaim  and
proved  his  case,  and  the  damages  are  uncertain,  that  the  jury  find
a  verdict  in  favor  of  the  defendant  and  determine  the  amount.
[Now.]

§  253.    [Am*dr  1907.]    Court  may  open  default.
The  court,  or  a  justice  thereof,  in  a  district  in  which  a  default
or  dismissal  is  taken,  in  an  action  or  summary  proceeding,  or
in  which  judgment  is  taken  or  final  order  made  without  the
service  of  a  summons  or  of  process  as  required  by  law,  may  at
any  time,  upon  motion  made  upon  such  notice  as  the  court  may
direct,  open  such  default  or  dismissal,  and  set  aside,  vacate  or
modify  any  judgment  or  final  order  ontenMl  in  any  Huch  action
or  proceeding,  and  set  the  action  or  proceeding  down  for  pleading,
hearing  or  trial,  as  the  case  may  require,  upon  such  terras  and
conditions  as  the  court  may  deem  proper.
L.  1882,  ch.  410,  S  13G7.    Amd  L.   1907.  ch.  304.    In  effect  Sept.   1.   1907.
S  264.  Motion  to  net  aside  verdict  or  vacate  or  amend
Jndsrment.
