Scotland v. East Branch Mining Co.
Synopsis
The action was brought to foreclose a lien for labor done at the request of the defendant, the East Branch Mining Company, upon a mining claim alleged to belong to said defendant. It was alleged, that the defendants Crittenden and Smith had or claimed some interest in the mining claim, and that the same was subject to the lien. The decree recited, that the defaults of the defendants Crittenden and Smith had been duly entered, but did not give any specific relief against them. The decree directed the property to be sold to satisfy the demand of the plaintiff. There was no dismissal entered as to defendants Crittenden and Smith.
By the Court : In this cause an appeal from the judgment is prosecuted by defendants Smith and Crittenden, against whom no judgment had been rendered. The appeal is therefore prematurely taken, and should be dismissed.
There is also an appeal by Crittenden from an order refusing to set aside a judgment by default against him.
There having been no judgment against him, this appeal is also prematurely taken.
The appeals are therefore dismissed.
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