Burbridge

This is an action in which the plaintiff obtained a decree relieving him from a money judgment there tofore obtained against him by the defendant Bauer in the justice’s court, restraining the enforcement thereof, and declaring said judgment to have been obtained without jurisdiction and to be void and of no effect. The defendants appeal from the decree and from an order denying them a new trial.

The appellants contend that the complaint fails to state a cause of action or ground for the interposition of equity, for the reason that it does not show that the plaintiff in this case has or had any defense to the action in the justice’s court. We think this contention is well founded and that the general demurrer of defendants to the complaint should have been sustained.

The complaint herein, so far as necessary to be stated, runs as follows: ‘ ‘ That heretofore, to wit, on August 28, 1897, the said defendant Bauer commenced an action in the justice’s court of the city and county of San Francisco, state of California, entitled as follows: J. J. Bauer, plaintiff v. First Doe, Second Doe, Third Doe, and Fourth Doe, associated together and doing business under the firm name and style of…