Swanson

The Utah Construction Company was made a party defendant and was sought to be enjoined from' paying over certain money to the other defendants. The company paid the money into court and was no longer interested in the suit, and as to it the action was treated as dismissed. The equitable element of the case being thus eliminated, the remaining issues were within the jurisdiction of this court to which the appeal was taken. The amount of money involved, and the definite amount thereof to which plaintiff laid claim appear in the complaint, and these amounts are not denied to be correct, the issue presented by the answer being, that plaintiff is entitled only to a certain part, to wit, $275.15, of the sum claimed by plaintiff. Had the ease involved an accounting among the copartners and the settlement of the co-partnership business, thus requiring the aid of the equitable powers of the court, we would have been without jurisdiction upon direct appeal. (Const., art. VI, see. 4.)

Plaintiff’s action is to recover the sum of $1,441.44, as assignee of one John Olsen, as the latter’s share of the earnings of an alleged copartnership consisting of defendants, the said Olsen and one Antone…