Roberts

This is a petition for a writ of review.

The facts as shown by the petition are: On the nineteenth day of August, 1915, one S. N. McBride instituted an action in the justice’s court of Modesto township, county of Stanislaus, jointly against the petitioner herein and his wife, Louise C. Roberts, for the recovery of the sum of $222.29, alleged to be due the plaintiff from the defendants in said action for services alleged to have been performed by the plaintiff “at the special instance and request of defendants and each of them in checking, leveling, cultivating, farming, and irrigating a tract of land belonging to the said defendants and located in the said township, county, and state.” The complaint was in three different counts, each setting out the same cause of action in different forms and in each of which it was alleged: “That at the time defendants employed plaintiff'to do said work and labor, and at the time said obligation was incurred, the said defendants and each of them resided in the said township, county, and state.”

The petition here alleges that, upon the filing of the complaint in said action, “process issued, and petitioner who was one of the defendants in said…