Scotland v. East Branch Mining Co.

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.