Langford

This is an appeal from a judgment in plaintiff’s favor in an action brought to enjoin the sale of his property upon an execution issued upon a judgment of a justice’s court rendered against the plaintiff herein in an action for work and labor, and also for goods furnished in connection with the operation of a mine, and which judgment defendant claims to be void.

The facts of the case are these: On or about January 29, 1909, W. A. Lloyd, one of the defendants herein, commenced an action in the justice’s court of Mokelumne Township, county of Calaveras, against the plaintiff herein for three certain- claims for work and labor, and goods alleged to have been furnished to said plaintiff and for which he had not been paid. Summons was duly issued and served in said action, and the defendant therein presently appeared by his attorney and filed a demurrer. The court, as affirmatively appears by its docket, set the hearing upon said demurrer for May 15, 1909, at 3 o’clock P. M. This date fell upon Saturday, and the stated time of hearing and trial of the issues of law raised by said demurrer was Saturday afternoon, which under the statute is a legal holiday. The defendant did not appear…