No. 141—2255.

#### Joseph Schwarzendahl et al. v. George W. Beck.

Judgment against appellants and in favor of appellee was entered in the court below by confession under a warrant of attorney appended to a promissory note for $390 besides costs. It appears that $50 of that amount was for attorney’s fees provided for in the warrant of attorney, the note being originally for $1,320, which had been reduced by payments, to about $340 as claimed by appellee, and nothing due upon it as claimed by appellants. The latter moved to vacate the judgment and be allowed to plead, and filed affidavits which clearly showed a good defense to the note. The court below overruled the motion and from that order this appeal was taken. The court is of opinion after reading all the affidavits that the motion should have been granted, and the order denying it is reversed and the cause remanded. with directions to the court below to vacate said judgment and allow the defendants therein to plead.

Judge below, Rollin S. Williamson.

Attorneys, for appellants, Mr. Tiieo dobe Schintz¡;

for appellee, Mr John S. Cook.

Opinion filed Feb. 23, 1886.

Opinion Per Curiam.