#### Rudolph C. Ficken, surviving partner, appellant, v. Sarah M. Tallyn et al., executors of the estate of Edwin M. Tallyn, deceased, appellees.

Gen. No. 7,173.

Suit on two judgment notes. Judgment by confession. Motion to open judgment granted. Judgment for defendants. Appeal from the Circuit Court of Woodford county; the Hon. Stevens R. Baker, Judge, presiding. Heard in this court at the October term, 1922.

Reversed and remanded.

Opinion filed August 13, 1923.

Kennedy & Kennedy, for appellant; Weil & Bartley, of counsel. Barnes, Mago on & Black, for appellees.

Mir. Justice Jett

delivered the opinion of the court.