Peycke

This is an action to recover from the defendants, as copartners under the firm name of D. Keefe & Co., the sum of four hundred and forty-three dollars and eighty-seven cents as a balance for money advanced by plaintiffs to defendants.

Defendant Keefe answered, averring that he was the sole member of the firm of D. Keefe & Co., denied the indebtedness to plaintiffs, and by way of cross-complaint, upon the facts therein stated, demanded a judgment against the plaintiffs for one hundred and thirty-six dollars and thirty-five cents.

Pending the case, and before a trial on the merits, such proceedings were had that, on.the fourth day of April, 1893, the court below, on motion of counsel for plaintiffs, struck out the answer and cross-complaint of defendant Keefe, and entered judgment in favor of plaintiffs as prayed for in their complaint.

Defendant Keefe moved the court on affidavit and upon the papers on file to set aside the judgment entered against him, and to restore his answer and cross-corn, plaint. This motion was denied by the court June 20, 1893.

On June 26,1893, defendant Keefe took and perfected an appeal to this court from the judgment and order refusing to set the…