This was an action by Frendenburg against Melcher and Another, to be relieved from a judgment, by default, taken against him by Melcher. The judgment was set aside, and from that order the defendant appeals to this Court.

The appeal is premature, as is settled in the case of Spaulding and Another v. Thompson and Others, 12 Ind. 477, which case was in all respects like the present.

The appeal is dismissed.