Hunter

This is an appeal from the judgment and also from the order of the trial court denying a motion to set aside the default and judgment taken against the appellants, John L. Koster and H. Blagemann.

1. The appeal from the judgment is based upon the contention that the original .complaint did not state a cause of action. Conceding for the purposes of the case that the original com *250 plaint was lacking in essentials, still the amended complaint is unobjectionable, and that is the pleading upon which the judgment was rendered. Admitting that material matters are set out in the amended complaint which should have been alleged by supplemental pleading, such au irregularity cannot be questioned for the first time in this court upon the claim of the failure of the plaintiff to state a cause of action; neither can the plea of the statutes of limitations avail appellants upon an appeal on a judgment-roll containing neither answer nor demurrer.

2. It is insisted that the judgment should be set aside because appellants were not served with summons. The evidence upon this point is full and conflicting, and upon that evidence the trial court denied the motion to set aside. The contentions…