O'Kuna

Appeal by plaintiff from a judgment entered upon the sustaining of a demurrer to a petition for a writ of certiorari. There is no dispute as to the facts. They show in substance that on or about the twentieth day of December, 1923, an automobile owned and driven by respondent Wagnon was damaged in a collision with an automobile driven by appellant. On January 5, 1924, Wag-non brought an action in the Small Claims Court of the Township of Palo Alto against appellant to recover the sum of fifty dollars, the amount of the alleged damage. The action came on for hearing before the respondent Small Claims Court and respondent Isabel L. Charles as a justice thereof. Appellant objected to the jurisdiction of said Court and of said Justice, upon the ground that he did not reside in and was not a resident of the said township, but that, on the contrary, he was at all times a resident of the city and county of San Francisco. This fact was established without conflict at the trial. Notwithstanding such plea and evidence, respondent Small Claims Court, and the said Justice thereof, proceeded to try the case on its merits and required appellant to testify therein. No judgment was rendered at…