Donovan

In this action the plaintiff’s complaint in substance alleged that in consideration of a loan of one thousand five hundred dollars to the defendant, he and Mrs. C. B. McMorry, plaintiff’s assignor executed and delivered their joint promissory note in the amount of the loan to George W. Locke; that Mrs. McMorry was merely an accommodation maker of the note; that she received no part of the borrowed money, hut that it was all received and retained by the defendant, and that plaintiff’s assignor paid to Locke, the holder and owner of the note, the sum of four hundred dollars for the use and benefit of the defendant. The defendant’s answer admitted the execution of the note, but denied every other material allegation of the plaintiff’s complaint. Judgment was entered in favor of the plaintiff and against the defendant for the sum of four hundred dollars with interest thereon amounting to the sum of one hun-. dred and twelve dollars.

The appeal from the judgment cannot he considered because it was not taken within six months from the entry of the judgment. This is concededbut it is insisted upon the appeal from the order denying the defendant a new trial, which comes here upon a bill…