Reed

In this case a judgment was entered in the court below by which it was adjudged: 1. That plaintiff was not entitled to take anything upon the cause of action set forth in his complaint; 2. That defendant, John Cross, do have and recover nothing of and from F. C. Reed, upon the said defendant’s cross-complaint; 3. That defendant recover his costs, amounting to the sum of $19.95.

Plaintiff appeals from so much of the judgment as denies his right of recovery against the defendant, and awards costs against him. His appeal is supported by a bill of exceptions.

The defendant also prosecutes a separate appeal (No. 70) from so much of the same judgment as denies his right of recovery upon his cross-complaint, and his appeal comes upon the same judgment-roll, in a separate record, without any bill of exceptions.

As the facts, except as to the bill of exceptions, are precisely alike in the two cases, it will facilitate progress and avoid useless repetition of facts by considering this case and No. 70 together. We accordingly pursue that course.

The action was brought to recover $1,903.60, together with interest'thereon from July 25, 1891, for one-half of the money alleged to have been…