Schlake

The Consolidated Concessions Company, a defunct corporation, and its trustees, have appealed from two orders of the trial court, one of which set aside the default of plaintiff to a so-called cross-complaint filed iby said appellants and the other order struck from the files the said cross-complaint. The respondent has moved to dismiss this appeal upon the ground that the appellants have no standing in the action, as it was dismissed as to them prior to the filing of the purported answer and cross-complaint and their petition to intervene in said action was denied by the trial court, which order has become final.

In August, 1915, the plaintiff commenced an action against Emmett MacConnell and Consolidated Concessions Company for rescission of a contract made by him for the purchase of certain stock of said company, and the cancellation of deeds to certain real property, which property he had transferred to MacConnell as the purchase price of said stock. The Consolidated Concessions Company was not served with summons. MacConnell was regularly served with summons and failing to answer in time, his default was entered. On February 8, 1917, a default judgment was rendered against…