Higgins v. Brown

The motion to dismiss the appeal in this cause assigns as ground therefor that the appeal was taken from an interlocutory order of the court below and not from a final judgment.

The record discloses that appellees, Brown & Thum, brought an action upon a promissory note against the appellant, the complaint being filed at the September term, 1879, of the county court of Lake county.

Appellant appeared, answered the complaint and filed his cross-complaint. At the November term, 1879, the default of plaintiffs below was entered for failure to answer the cross-complaint, and afterwards, at the same…