Colthurst

This is an original proceeding in mandamus to compel respondent to enter judgment in favor of petitioner in an action pending in the justice court of Vallejo township, Solano County, in which petitioner is plaintiff and Mary V. Smylie and Charles Frank Smylie, her husband, are defendants.

On the filing of the petition herein this court caused an alternative writ of mandate to issue requiring respondent to enter judgment as prayed for or, in default thereof, to show cause before this court at 10 o’clock A. M. on February 20, 1922, why he had not done so. The alternative writ, together with a copy of the petition and of petitioner’s points and authorities, was duly served on respondent ten days prior to the time set for the hearing. Copies were likewise served on said Charles Frank Sinylie and on Joe Lawrence, Jr., attorney for the defendants in the action in the justice court. Neither the respondent nor said defendants appeared at the hearing and the matter was heard at the time appointed on the verified petition on file and was argued and submitted by the petitioner.

From the facts presented at the hearing it appears that the action in the justice court was brought to recover…