Spears

The plaintiff was convicted in a justice’s court, January 27, 1890, of violating an ordinance of the county of Modoc, forbidding the keeping of a saloon where spirituous liquors were sold, and on the same day judgment was entered against him, by which he was sentenced to “pay a fine of five hundred dollars, and, in default of payment thereof, be imprisoned in the county jail of said county of Modoc for the period of one day for each dollar of said fine, or until such fine be satisfied.” From this judgment he appealed to the superior court. On the 19th of February, 1891, that court affirmed the judgment of the justice’s court. Before the hearing of the appeal the ordinance under which the conviction was had was repealed, the repeal taking effect January 24,1891. June 3, 1891, an execution upon this judgment was issued out of the justice’s court, under which the sheriff levied upon certain property of the plaintiff herein, and was proceeding to sell the same when this action was brought to restrain the enforcement of the execution. A demurrer to the complaint was sustained by the court, and from the judgment entered thereon the plaintiff has appealed.

By the appeal to the superior…