Leachman

Plaintiff takes this appeal from an order made by the trial court vacating a default entry and judgment entered thereon against defendant Mohrensteeher, executrix. An appeal is also taken from an order made dismissing the action.

The facts are these: Respondent’s testator, one Finney, and three other persons were the makers of a promissory note of which the plaintiff was the holder. Judgment was entered on that note against all of the defendants and in favor of the plaintiff on the fifteenth day of July, 1914. Thereafter, on the eleventh day of August, 1919, Finney, one of the makers, paid to the plaintiff five hundred dollars and plaintiff executed a writing which was entitled “Satisfaction and Release of Judgment against Defendant E. S. Finney,” and in the body of which it was stated that five hundred dollars having been paid by Finney, Leachman acknowledged “full satisfaction of the judgment rendered in the above-entitled action, . . . and the clerk of said court is hereby authorized and directed to enter in the proper records full satisfaction of said judgment.” At that time a sum considerably in excess of the five hundred dollars mentioned wás due to the plaintiff under the…