Vance

— This is an appeal from a judgment entered against the defendant on the pleadings, and the case is brought here on the judgment roll. The action is ejectment. The complaint alleges that on the ninth day of October, 1888, the plaintiff was the owner and in possession of the northwest quarter, the north half of the southwest quarter, and the southwest quarter of the southwest quarter of section 31, in township 3 north, range 9 east, Mount Diablo base and meridian; and that, on the day named, the defendant entered and ousted the plaintiff from the said land, and has ever since continued to withhold the possession thereof from the plaintiff, to her damage in the sum of fifteen hundred dollars. For answer to the complaint, the defendant pleads, in bar of the action, a judgment entered in a former action between the same parties; and this is his only attempted defense. The answer alleges that the complaint in the former action was filed on the eighth day of June, 1888, and that the judgment therein was made and entered on the second day of October, 1888. It then sets out a copy of the complaint, answer, findings, and judgment, from which it appears that the plaintiff alleged in the…