Evans

Plaintiff sued the three defendants jointly for money claimed to be due upon the purchase price of certain real property. The defendant Baxter alone answered. The cause was regularly set for trial and the appellant failing to appear at the time set, her default was taken, and judgment was entered against her and in favor of defendant Baxter alone. In due time she moved to set aside the judgment, which motion was denied. The appeal is from the judgment and from the order refusing to set it aside.

The complaint was in the ordinary form for money. The answer denied that the property described in the complaint was purchased from plaintiff and alleged in detail the transaction between Baxter and his co-defendant Seddon whereby the property came to Baxter in exchange for other properties transferred to Seddon, who, it was alleged, was at all times acting in co-operation with plaintiff. The answer closed with a prayer that plaintiff take nothing from Baxter and that he have judgment for his costs.

The trial court entered judgment in favor of Baxter and against the plaintiff in the sum of five hundred dollars “for his damages in said action.” In moving to set aside the judgment this…