Allec

Plaintiff performed labor for a concern known as R. H. Briggs Trucking Service from November, 1922, to December, 1923. Although defendant R. H. Briggs filed an answer he did not appear at the trial to contest plaintiff’s claim. Defendant Stella Briggs filed an answer in which she alleged that the trucking business was the separate property of R. H. Briggs. The complaint contains two counts, the first of which was abandoned by the plaintiff at the commencement of the trial. In the second count it is alleged that in January, 1924, “an account was stated between the plaintiff and the said defendant, and upon said statement a balance of $1,244.04 was found due to the plaintiff from the said defendants. That the defendants agreed to pay to plaintiff the said balance,” etc. The trial court ordered that plaintiff “recover of and from the defendants R. II. Briggs Trucking Service, a fictitious name, R. IT. Briggs and" Stella Briggs, his wife, the sum of $1,244.04 ...” The judgment provides: “It is further ordered, adjudged and decreed that the said judgment against Stella Briggs shall be satisfied only out of community property belonging to R. H. Briggs and Stella Briggs at the time said…