Mullin

An appeal by the plaintiff from an order quashing an execution.

On September 15, 1925, the above-entitled action was commenced in the Superior Court in and for the City and County of San Francisco to recover for goods, wares and merchandise alleged to have been sold for an agreed price. The complaint was in two counts, and a demurrer thereto, alleging as to each count that the same failed to state facts sufficient to constitute a cause of action, was filed by an attorney on behalf ■ of the defendants. The demurrer was overruled and time allowed to answer. On July 9, 1927, an answer was filed by defendant Mullin, denying the allegations of the complaint and particularly that the defendants at any of the times mentioned therein were doing business under the name and style alleged. On September 29, 1927, a default judgment was entered against defendant Hyland and Hyland & Mullin Drayage Company, reciting that these defendants had failed to answer the complaint within the time stipulated between the counsel for the respective parties. On July 9, 1928, a judgment was entered against defendant Mullin, reciting that he had failed to appear at the trial of the action. Subsequently, on…