Estudillo

A judgment in favor of defendants, entered upon the sustaining of their demurrer to the complaint, was reversed by this court. (Estudillo v. Security L. & T. Co., 149 Cal. 556 , [ 87 Pac. 19 ].) Upon the return of the cause to the lower court an answer was filed and a trial had, resulting in a second judgment for the defendants. The plaintiffs appeal from three orders made after this judgment.

The respondents make a preliminary objection to a consideration of the appeals on the ground of the alleged insufficiency of the record on appeal. An examination of this point is unnecessary, as we have reached the conclusion that the orders appealed from may be sustained on the merits.

The nature of the case is set forth, in substance, in our opinion on the former appeal. The action was pending in Riverside County. After the issues had been framed the plaintiffs employed, as one of their attorneys, a gentleman related to the judge of that county in such manner as to disqualify the latter. (Code Civ. Proc., sec. 170, subd. 2.) Said judge thereupon requested Hon. Frank F. Oster, judge of the superior court of San Bernardino County, to try the action. Judge Oster came to Riverside on…

I concur. I think, however, that the opinion in Comstock v. Superior Court, 57 Cal. 620 , evades the main point of the proposition involved in the case, and that it would be difficult to meet the objection on logical grounds. The objection to a judgment entered by the clerk upon findings prepared and signed by the judge of another county, while absent from the county in which it is entered, and by him sent by mail to such clerk without such judge being in bodily presence in-that county is not that such judge has deliberated upon the. case, has prepared and signed his findings and his order for judgment, while absent from the county, for all this could undoubtedly be done anywhere without affecting the validity of the judgment, if the judgment was afterwards lawfully rendered in the county in which the court has its situs. The objection is that there can be no court unless there is a judge, that there is no court present in the county when such judgment is-rendered, that there can be no judgment rendered where there is no court to render it, and that, in effect, the decision in that case holds that a valid judgment, in a case where evidence has been received by a judge, may be…