Wyatt

The court below sustained a general demurrer to the complaint and thereupon caused judgment to be entered in favor of the defendant.

Plaintiff appeals from said judgment.

The complaint alleges that for a long time prior to and on and for some months after the sixth day of June, 1904, the defendant was a duly elected, qualified and acting judge of the superior court of the, state of California, in and for- the county of Alpine; that on said sixth day of June, 1904, the appellant as plaintiff commenced a civil action in said superior court against one Thomas Barber by “filing a complaint in due form and substance,” said action involving certain water rights .claimed and owned by plaintiff in said Alpine county. A summons having been issued and served on said Barber, the latter in due time answered the complaint and thereafter said action was ready for trial upon the issues of fact arising upon said pleadings. On August 26, 1904, the respondent, as judge, etc., made an order setting said action for trial, before thé court, without a jury, on Thursday, September 15, 1904, at 2 o’clock P. M. The object of said action was to obtain a perpetual injunction, restraining said Barber from…