Scott

This action was commenced to recover a sum of money alleged to have been received by the defendant for the use and benefit of certain parties, who had sold and assigned the indebtedness to the plaintiff.

The defendant answered, and also filed a cross-complaint, making the plaintiff and his alleged assignors parties defendant, and asking for affirmative relief against them.

The defendants named in the cross-complaint answered thereto, denying most of its averments.

The case was tried by the court upon the issues raised by the pleadings, and the findings and judgment were, that the plaintiff take nothing by his action, and that the defendant have and recover the relief demanded in his cross-complaint.

The findings and judgment were filed on September 17,1891, and on the next day the attorney for defendant served upon the attorneys for the plaintiff and defendants to the cross-complaint a notice reading as follows: —

On this notice was indorsed an acknowledgment of service as follows: —

*515 On March 21, 1892, the defendants in the cross-complaint served upon Glenn and filed in the court a notice of their intention to move for a new trial of the action, stating that the motion…