Roemer

This is an appeal by defendant M. S. Nunes from an order denying his motion to set aside a judgment entered against him for $2,658.58 after his default had been entered. The motion was made upon the ground that the judgment-roll shows upon its face that the judgment against said defendant is void. This position is predicated upon a contention that the complaint does not state a cause of action against said defendant.

In the caption of the complaint Frank S. Nunes and M. S. Nunes, copartners, are named as defendants. In the body of the complaint it is alleged: “That defendants are co-partners doing business as a co-partnership; that on or about the second day of January, 1919, the defendants made, executed and delivered a certain promissory note which in words and figures is more particularly set forth as follows, to-wit:

Then follows an allegation of nonpayment and this prayer: “Wherefore, plaintiffs pray judgment against the défendant for the sum of six hundred ninety-nine and 44/100 dollars together with interest thereon from the 2nd day of January, 1919, at the rate of eight per cent per annum, and the sum of one thousand sixty and 79/100 dollars, together with interest at…