Camm

Plaintiff filed, in the superior court of Sonoma County, a third amended petition asking for a review of the proceedings of the defendant, the justice’s court, in an action in said justice’s court, commenced on the seventh day of April, 1915, in which H. S. Smith, one of the defendants herein, was plaintiff and the Sonoma County Good Roads Club and some thirty individuals, including this plaintiff, were defendants. A demurrer to said petition was sustained, without leave to amend, and judgment was entered dismissing the action. From this judgment plaintiff appeals.

It appears from the petition that, on April 13, 1915, a summons was issued in said action of Smith v. Sonoma County Good Roads Club et al., and was served on each of said individual defendants by delivering to each of them a copy of said summons attached to a copy of the complaint; that, od the fourteenth day of April, 1915, each of said individual defendants filed a demurrer to said complaint; that, while said demurrers were pending and undisposed of, a judgment by default was entered in said justice’s court against the Sonoma County Good Roads Club, an association, in the sum of $264.25; that, on “the twenty-sixth…