Thorpe

Plaintiff, as indorsee thereof, brought suit to recover from defendant upon a promissory note described in the complaint and alleged to have been made and delivered by defendant to one W. J. Williams. By a second count it was alleged that on August 22, 1906, defendant was indebted to W. J. Williams in the sum of $4,073.85 for money loaned to defendant, which defendant agreed to pay on or before one year thereafter, with interest at seven per cent per annum until paid, compounded half yearly, which indebtedness, it was alleged, had been assigned to plaintiff.

Defendant filed its answer denying all the allegations of the complaint, except the alleged incorporation of defendant and an intermediate indorser of said note. At the trial the issues thus joined were found in favor of plaintiff and judgment was rendered against defendant, from which, and an order denying defendant’s motion for a new trial, defendant appeals.

The record also contains what purports to he an appeal by John G. Orth from this judgment so rendered against defendant. Orth’s purported appeal is based upon the ground that, prior to the trial, he applied to the court for an order making him and said Williams, to…