March

One Button recovered a judgment against Steen and March, the maker and indorser respectively of a certain promissory note. He assigned the judgment to Barnet. Barnet’s assignee took out execution and levied upon the property of March. Under execution sale this property to the extent of $770 was applied to the payment of the judgment and costs of sale. The present action is brought by March against Steen, Bar-net, and others, who were assignees of the judgment at certain times, for the sum of $1,400. The complaint alleges the value of March’s property levied upon and sold to be that sum, and charges the defendants -with conspiracy in making the levy, etc. The trial court rendered judgment against Steen for the sum of $770, and also rendered judgment in favor of the other defendants for their costs. Steen appeals from the judgment and order denying his motion for a new trial.

The judgment being in favor of all the defendants except the appellant Steen, it becomes unnecessary to pass upon many of the objections made to the complaint by demurrer. For the same reason any lack of findings upon issues of fact pertaining to the defendants not appealing will not be considered. Indeed, it…