Brians

A writ is sought by plaintiff to review the action of the defendant in a certain action wherein C. D. Johnson is plaintiff and D. B. Brians is defendant.

It appears from the petition that on April 1, 1914, said C. D. Johnson commenced an action against said D. B. Brians in the justice’s court of Redwood Township, Sonoma County, by filing a complaint therein; that defendant Brians entered his appearance in said action in said court and an issue of fact was thereby presented; that on May 5, 1916, said action was called for trial in said justice’s court, the ¡plaintiff Johnson and the defendant Brians each being represented by attorney; that the original complaint in said cause was not then on file in said court but was lost, which fact was .then and had been prior thereto, known to said Johnson’s attorney; that on said day, May 5th, the said action was called for trial, no complaint being then on file in said court; that defendant Brians objected to the introduction of any evidence on the ground that there was no complaint on file, and over defendant’s (Brians’) objection, the cause was tried and thereafter, to wit, on June 3, 1916, the said justice’s court gave judgment for…