Abraham

This is an appeal from a judgment in favor of the defendant. The judgment was for the dismissal of an action in claim and delivery, and for the return of certain personal property or- the value thereof in the sum of $1,500 and for damages for the detention thereof in the sum of $148 and for costs.

The action was originally commenced in the superior court of the county of Sacramento. The defendants appeared and moved for a change of venue to the city and county of San Francisco, on the ground of the residence of the defendant L. C. King in said city and county. It appeared from the affidavit filed in support of this motion that the defendant Pacific Wrecking Company was not a legal entity, and that that name had been used by the defendant King as a trade name in carrying on one contract. It appeared, therefore, that said King was the only defendant in the action. The motion for the change of venue was duly granted and the papers in the case transmitted to the superior court of the city and county of San Francisco, where they were received on October 4, 1918. On October 5, 1919, the superior court rendered the judgment of dismissal under section 581b of the Code of Civil Procedure,…