
    JOHN FASSMAN, Respondent, v. CHRISTIAN BAUMGARTNER and ANNA SCHRANN, Appellants.
    
      Appeal from Benton County.
    
    Appeal. — Judgment by Confession. — See. 526 of the Code provides that no appeal shall lie, in cases of judgment or decree, by confession or for want of answer.
    Appeal. — By an attempted appeal from a decree for want of answer, this court acquires no other jurisdiction over the subject than the power to dismiss such appeal.
    At tbe November term, 1869, of the circuit court for Benton county, the defendants, appellants here, withdrew their answers, and judgmemt [decree] was rendered upon the complaint as upon failure to answer. The defendants afterwards gave notice of an appeal, and filed the usual boud, but failed to file a transcript in the supreme court by the second day of this term. The respondent Fassman brought a certified copy of the bond and necessary papers, and moved here for an affirmance of the judgment, with ten per cent, damages.
    
      Stratum & Burnett, for the motion.
    
      F. A. Chenoweth, against.
   Prim, O. J.

Section 526 of the Code declares that any party to a judgment or decree, other than a judgment or decree given by confession, jot for want of answer, may appeal tberefrom.”

“When a case is here upon a proper appeal, this court may take any action thereon authorized by statute. But tbis motion develops facts showing that tbis wras an attempted appeal in a case in which the law admits of no appeal. The parties below were present in that court, and the defendants substantially failed to answer, and the decree was given for tbat reason.

There could be no appeal. This court could acquire no jurisdiction of the case, other than to dismiss the attempted appeal.

The plaintiff below might have treated the appeal as a nullity, and procured an e; ecution at any time.

Motion is denied.  