Newman

Plaintiffs brought this action in the superior court of Alameda County to enjoin the defendant Barnet, as sheriff of said county, from selling their property levied on by him under an execution issued by the clerk of the superior court of San Joaquin County, upon a judgment recovered against plaintiffs in a justice’s court of said San Joaquin County.

Judgment was entered in said superior court in favor of plaintiffs, enjoining the sale as prayed for. This appeal is from said judgment alone, and the only question presented is, do the findings sustain the judgment.

It appears from the findings that one C. A. Wright brought an action in the justice’s court of 0 ’Neal township in San Joaquin County against defendants for the value of goods, wares, and merchandise alleged to have been sold and delivered to defendants; that none of the defendants (plaintiffs in the present suit) ever resided in O’Neal township or in San Joaquin County, but at all times were residents of the city of Oakland in Alameda County; that the complaint in said action in the justice’s court contained no allegation as to the residence of defendants therein, nor that the said defendants had contracted in writing…