Gibson

This is an appeal from a judgment against plaintiff, taken in accordance with sections 953a, 953b and 953c, Code of Civil Procedure.

The action was brought to obtain a decree enjoining defendant from enforcing a judgment for $900, obtained by defendant herein against plaintiff herein in an action of unlawful detainer. An appeal was taken to this court by the plaintiff herein, from the judgment in the action of Berryman v. Gibson, and the judgment was affirmed. ( 7 Cal. App. 679 , [ 95 Pac. 671 ].)

By this action it is sought to enjoin the enforcement of such judgment, upon the grounds, first, that the court was without jurisdiction to render the judgment, and second, that said judgment was obtained through fraud and collusion be tween Berryman, and the respective attorneys of the plaintiff and defendant in the action of Berryman v. Gibson.

As to the want of jurisdiction, it appears that the action of Berryman v. Gibson was tried, and resulted in the court making and signing findings of fact and conclusions of law. By the findings of fact it appeared that Berryman was entitled to a judgment for $900, being treble the amount of rent due and unpaid. The court, however, directed…