It is admitted that the case on appeal was not served within the time required by law, and therefore has not been sent up to this Court with the record.

The plaintiffs move the Court to affirm the judgment upon the face of the record.

The defendant moves the Court to dismiss the action because on the face of the complaint no cause of action is stated.

The Court, being of opinion that a cause of action is stated in the complaint, and that there is no error apparent' upon the face of the record, allows the motion to affirm the judgment of the Superior Court.

Affirmed.