Hall

This is an appeal by defendants in a certiorari proceeding, in which the trial court gave the respondent judgment, annulling a judgment in favor of the plaintiff in the justice’s court in and for the city and county of San Francisco.

On December 2, 1896, Benjamin Lust commenced an action against C. P. Hall in the justice’s court in the city and county of San Francisco to recover $253.75 for goods sold and delivered. Summons was issued on that date, and was served January 7, 1897. Summons was returned served January 28, 1897. Nothing further was done in the action until more than eight years after the return of summons, when, on May 19, 1905, judgment was entered in favor of the plaintiff and against the defendant for $253.75, interest and costs. No appeal was ever taken from this judgment. It is the contention of respondent that it was the duty of the justice, at the time of the return of the service of summons, January 28, 1897 (it disclosing that the time within which to appear and answer had expired), to note on the docket the nonappearance of the defendant, and to thereupon enter a judgment of default in favor of the plaintiff and against the defendant. That, if he did not do…