Appeal from the District Court of the Seventh Judicial District, in the County of Contra Costa.

Pico and Manso, plaintiffs in the Court below, on the twenty-first of May, 1855, instituted suit against Carillo and Sibrian, for the recovery of a large sum of money. Summons was issued, which, as to the defendant Sibrian, was returned with the following acknowledgment of service:

“I hereby waive copy of complaint and summons, and accept service in the County of Contra Costa, this twenty-first day of May, a. n. 1855. his

.“Ignacio M Sibrian.”

marie.

On the first of June, 1855, the default of Sibrian was entered in the clerk’s office, and on the eleventh of June, 1855, final judgment had against him for fifteen thousand five hundred and forty-two dollars and fifty cents, and costs.

On the eighteenth of June, 1855, Carillo was duly served at Los Ang-cles, by the sheriff of that county, his default entered on the thirtieth of July, 1855, and on the same day, judgment against him and Sibrian entered in the clerk’s office for fifteen thousand eight hundred and eighty-seven dollars and seventy-eight cents, and costs.

On the first of October, 1855, Sibrian moved the Court below to open his default, and set aside the judgments on the two grounds, to wit:

“ 1. That there hath been no legal service of process in said entitled cause made upon him, the said Sibrian.

“ 2. That this honorable Court hath no jurisdiction of him, the said Sibrian.”

This motion was sustained by the Court, on the twelfth of October, 1855, and leave given to Sibrian to answer within thirty days thereafter, upon the payment of costs that had accrued up to the time of the rendition of the judgment. It was from this order that the appeal was taken by the plaintiffs.