Brownell v. Salem Flouring Mills Co.

1. This is a motion to dismiss an appeal on the ground that the judgment sought to be reviewed was given for want of an answer. A motion to strike out parts of the complaint was *526denied, and, the defendant declining further to plead, judgment was rendered against it for the sum demanded, from which an appeal was attempted to be taken. The statute, prescribing an appealable decision of a court, contains the following provision:

“Any party to a judgment or decree other than a judgment or decree given by confession, or for want of an answer,' may appeal therefrom:” B. & C. Comp. § 548.

Any pleading…