The transcript in this case fails to show that any judgment was ever entered, but merely an order for a judgment. Therefore the opinion in the case of Durant v. Comegys, ante, p. 67, 35 Am. St. Rep. 267, 26 Pac. 755 (decided at this term), applies to, and will govern, this case. Appeal dismissed without prejudice to another appeal; costs of appeal awarded to respondents.