Suman

There has been submitted in this case a motion on behalf of the Abstract and Title Company, a corporation, for the substitution of said corporation as defendant and respondent in the place of Melville Archibald; and also a motion by said corporation and the defendant and respondent, Fannie Archibald, to dismiss the appeal herein upon the ground of a failure of appellant to file his points and authorities within the time prescribed by the rule of this court.

The motion to substitute said corporation as defend *42 ant and respondent must be denied. The action was brought to foreclose a mortgage against the defendants, Melville and Fannie Archibald, executed to secure a promissory note given by said defendants to plaintiff for one thousand dollars. The Archibalds, defendants, set up a counterclaim; and after trial the court denied any judgment for plaintiff upon the note and mortgage, and rendered judgment in favor of Melville Archibald against the plaintiff for one hundred and fifty-five dollars and forty-four cents, with interest and costs, and also rendered judgment for both Melville and Fannie Archibald against plaintiff for their costs. It is quite apparent that if the judgment…