Krieger

This is an action for the recovery of a judgment on a number of claims assigned to plaintiff by the owners of said claims.

The complaint alleges that Feeny, Dyas and Barnes are copartners, engaged as such in carrying on and conducting the hotel and saloon business in the city of Sacramento, and that the several claims upon which this-action is brought are the result of goods and merchandise furnished and money loaned to and services performed for the defendants by the several parties assigning said claims to plaintiff. There are twelve of these claims, each separately pleaded in the form of a common count, and they aggregate in amount the sum of $1,558.68.

The court gave plaintiff judgment for the sum of $1,096.74, having found against some of the claims.

This appeal is by Feeny and Dyas from said judgment, on the judgment-roll alone.

A demurrer, general and special, was interposed to the complaint by the defendants Feeny and Dyas, the defendant, Barnes, making no appearance.

The demurrer was overruled and Feeny and Dyas filed an answer, denying the material allegations of the complaint, and, by way of a “further and separate defense,’’ averring certain facts which amount to…