Hollenbeak

The plaintiff was sued by the defendant McCoy in the justice’s court of Fall river township, county of Shasta, for having maliciously' caused his arrest upon a criminal charge, and at the trial of the action a verdict and judgment thereon was rendered against him. A motion for a new trial in the justice’s court was denied, and he then appealed from the judgment to the superior court, where his appeal was dismissed upon the ground that it was not taken within thirty days after the judgment was rendered. The present action was brought by him to procure a decree enjoining the enforcement of this judgment, and directing it to be canceled of record. In the title of the action he has named as defendants, in addition to the plaintiff in the original suit, “F. A. Moers, justice of the peace,” and “C. W. Levens, constable”; but there are no allegations in the complaint with reference to either of these last defendants, nor is it alleged that Moers was the justice before whom the action was tried. The grounds upon which he seeks the relief are, in substance, that certain persons were improperly admitted as jurors to try the cause, and that their verdict was arrived at by chance and in…