Haun

Appeal from judgment on default and from order denying motion to vacate and set aside such default and judgment.

The action purports to be for the forcible entry and detainer of premises at the time occupied by plaintiff. It is alleged that defendants "did wrongfully and unlawfully, and without the consent of plaintiff, turn the plaintiff out of the possession thereof by force and violence, and did throw the personal property of plaintiff then on said premises into the public road”; and that by reason thereof plaintiff is damaged in the sum of $500, and will continue to be damaged in the sum of $5 for each and every day the possession thereof is withheld from plaintiff by defendants, followed by a prayer for restitution of the premises and $500 damages for the alleged forcible entry, and the further sum of $5 per day for each day the possession is withheld from plaintiff by defendants. It is not alleged in the complaint that defendants detained the possession of said premises from plaintiff. By summons served on defendants, September 18, .1907, they were required to appear and answer within three days of service thereof. Defendants failed to answer as commanded by said summons;…