June

Mandate. Plaintiff prays for the writ of this court compelling defendant to set aside its order dismissing the appeal of plaintiff heréin, in a certain action wherein J. J. Smalley is plaintiff and John June, plaintiff herein, is defendant, from an alleged judgment made and entered in the justice’s court of Cloverdale township, Sonoma county, in favor of said Smalley, and directing defendant to proceed to the hearing and trial of said action of Smalley v. June.

It appears that in said action a trial was had by a jury and, on July 20, 1910, the jury rendered the following verdict: “We, the jury, find for the plaintiff according to the complaint. J. A. Linde, Foreman. ’ ’ In the justice’s docket there is an entry of July 20, 1910, reciting that the case was called at 9 o’clock A. M. of that day, a jury impaneled to try the case (naming the members) and, “after argument by counsel the case was submitted to the jury; after being out a half hour the jury returned a verdict in favor of the plaintiff.” No other proceedings were taken by the justice and no other entry was made in his docket except that it appears from defendant’s answer herein that the said justice entered judg ment on…