Meloy v. Finbers Realty Co.

HITZ, Associate Justice.

The declaration claims $4,000 for legal services alleged to have been performed by the plaintiff for the defendant, and is accompanied by the usual affidavit of merit.

The defendant failed to file a timely plea; judgment was taken by default for the amount claimed; was set aside on motion; and this appeal is taken from the order setting aside the default, the theory of the appeal apparently being that .the judgment in favor of the plaintiff was property of the plaintiff, not only affected but extinguished by an interlocutory order of the court, and thus appealable under…