Shriver

The petitioners seek to prohibit the trial in the superior court of Sonoma County of a certain action, entitled F. R. Shriver and G. Schoff (a Copartnership), Plaintiffs, v. Floyd Colvin and A. Beeman, Defendants, and which, prior to the filing of the petition in this court, had been set for trial by respondents. To the petition so filed, respondents have interposed a demurrer and answer. The demurrer was submitted without argument, and in view of the conclusions we have come to in a discussion of the facts as disclosed by the petition and answer, upon which this proceeding has been submitted, we believe the demurrer should be overruled, and it is so ordered.

It appears from the pleadings herein that the action above referred to was commenced in the justice’s court of Santa Rosa township, county of Sonoma, and subsequently (according to the averments of the petition, upon the stipulation of the parties) was transferred to the justice’s court of Russian River township, in said county. The action was *578 tried on December 30, 1919, in said latter court, before the court and a jury, and on the same day a verdict was rendered and entered in favor of plaintiffs. It appears from the…

Respondents petition for a rehearing: The writ was ordered issued by reason of the fact that the copy of the docket of the justice presented to this court showed that no judgment had ever been entered by the justice, and hence it was held that the attempted appeal was prematurely taken. [5] Respondents assert, however, that the following entry was in fact made in the docket but that they deemed it unnecessary to question its sufficiency, hence its omission: “Judgment entered for $74 and costs of suit.” In deciding the case, this court assumed, of course, that the record presented was correct. However, such an entry does not constitute a judgment. Section 891 of the Code of Civil Procedure provides that when a trial by jury "has been had judgment must be entered by the justice at once “in conformity with the verdict.” This means that it must be entered in favor of the party securing the verdict; otherwise, the judgment is meaningless. The entry does not refer to the verdict nor can it be ascertained therefrom in whose favor the justice intended to enter judgment. Section 893 of the Code of Civil Procedure provides that the *585 judgment of the justice must be entered substantially…

The petitioners seek to prohibit the trial in the superior court of Sonoma County of a certain action, entitled F. R. Shriver and G. Schoff (a Copartnership), Plaintiffs, v. Floyd Colvin and A. Beeman, Defendants, and which, prior to the filing of the petition in this court, had been set for trial by respondents. To the petition so filed, respondents have interposed a demurrer and answer. The demurrer was submitted without argument, and in view of the conclusions we have come to in a discussion of the facts as disclosed by the petition and answer, upon which this proceeding has been submitted, we believe the demurrer should be overruled, and it is so ordered. It appears from the pleadings herein that the action above referred to was commenced in the justice's court of Santa Rosa township, county of Sonoma, and subsequently (according to the averments of the petition, upon the stipulation of the parties) was transferred to the justice's court of Russian River township, in said county. The action was *Page 578 tried on December 30, 1919, in said latter court, before the court and a jury, and on the same day a verdict was rendered and entered in favor of plaintiffs. It appears from…