Gialdini

From a judgment of $704.85 which was rendered in favor of the plaintiff as compensation for personal injuries sustained, together with damages to his machine as the result of an automobile collision, the defendants and cross-complainants have appealed. It is contended the judgment is not supported by the evidence and that the findings are in irreconcilable conflict. A motion was also made to this court to vacate the judgment on the ground that the visiting judge who tried the cause was without jurisdiction for the reason that he was not requested to preside as judge therein as required by the provisions of section 170 of the Code of Civil Procedure.

The complaint was filed February 27, 1931, in the Superior Court of Mendocino County, by M. H. Iversen, as attorney for the plaintiff. Before the cause was tried Mr. Iversen was appointed and qualified as judge of the Superior Court of that county. As former attorney of record in this case he was disqualified to try the cause as a judge of that court. (Sec. 170, Code Civ. Proc.) During the time the case was pending the late Honorable Thomas H. Selvage served as the duly elected and qualified judge of the Superior Court of Humboldt…