Warne

An action was commenced against O. E. Meads as defendant in the Small Claims Court of San Andreas Township, County of Calaveras, for the recovery of an amount within the jurisdiction of that court.

The defendant appeared and after the taking of testimony upon behalf of both sides, a judgment was rendered in favor of plaintiff and against the defendant therein.

Thereafter the defendant appealed from the judgment of the small claims court to the Superior Court of Calaveras County, and there answering, objected to the jurisdiction of the court to proceed with the matter on the ground that defendant was not at the time of commencement of the action in the small claims court, and never was a resident of San Andreas township, but at the commencement of the action, and at the time of the appeal, was a resident of. the county of San Joaquin. Upon that issue and special appearance, the superior court found against the defendant Meads and judgment was entered accordingly. Thereupon defendant Meads sought by this writ of review to test the jurisdiction of the court and the validity of the judgment so given.

Petitioner contends that the small claims court had no jurisdiction of the action…