Hooper

pro tem. — The complaint in this action was filed January 20, 1915. The first paragraph thereof alleges that the plaintiff is a copartnership. The second paragraph is: “That on the 1st day of January, 1915, the defendant above named was indebted to plaintiffs above named in the sum of five hundred and fifty dollars and 42/100 ($550.42) on an open boob account for goods, groceries, wares and merchandise sold and delivered by plaintiffs above named to defendant above named, between the 1st day of September, 1911, and the 31st day of August, 1914, at defendant’s special instances and requests.” The third paragraph is: “That said defendant'has not paid the same, nor any part thereof” and the prayer is for judgment for the amount alleged in the complaint as due.

To this complaint a demurrer was interposed by the defendant. March 22,1915, the court made an order overruling the demurrer and giving the defendant ten days to answer the complaint. April 5, 1915, no answer having been filed, the default of the defendant was entered and judgment in favor of the plaintiffs and against the defendant for the amount prayed for in the complaint was made and entered. The first paragraph of the…