delivered the opinion of the court.

This suit was brought oh a promissory note of hand. The defendants "having failed to answer, a judgment by default was regularly taken and made final against them.

This appeal was clearly taken for delay, and the defendant must pay the damages prayed for by the appellee.

St is therefore ordered, adjudged and decreed, that the judgment of the •city court be affirmed, with costs; and with ten per cent, damages as for a frivolous appeal.