Ross

The plaintiff appeals from a judgment entered aft ir his refusal to amend his complaint on demurrer being sustained with leave to amend, and also from an order settiag aside a temporary restraining order. The judgment must be affirmed on the ground that the complaint did not show sufficient facts to constitute k cause of action for equitable relief by injunction, and this result renders unnecessary consideration of any matters presented by the appeal from the collateral order.

Summarized, the complaint shows that the plaintiff is a resident of the county of Santa Barbara and was never a resident of San Diego County; that he was sued by one Creamer in % justice’s court in the latter county, on a claim based on an oral contract, made payable in Santa Barbara; that no part note, or memorandum of the contract was in writing; that summons in the action was served on the plaintiff in Santa Barbara County; that default judgment was entered in the action; that an abstract of the judgment was filed in the office of the county clerk of San Diego County and an execution thereupon issued to the defendant sheriff of Santa Barbara County; and that the defendant as such sheriff will, unless…