Pimental

The respondent, the town of Hayward, in Alameda county, is a municipal corporation of the sixth class, and the appellant is the judge of the recorder’s court of said town. That court is provided for in section 882 of the Municipal Corporation Act of 1883. An ordinance of the town imposed a license tax upon persons engaged in certain classes of business. One Freeman carried on business within the purview of the ordinance and refused to pay the tax. Thereupon an action was commenced by the town of Hayward in said recorder’s court against said Freeman for the recovery of the amount of such tax then due, together with cer *388 tain incidental fees and damages. The complaint in such action was filed August 1, 1893; summons was issued and regularly served. Freeman made default, and on August 12, 1893, after a hearing had and evidence taken upon the allegations of the complaint, judgment was entered by the appellant here, in said recorder’s court, in favor of the town and against said Freeman for the amount claimed and costs, making a total of thirty dollars and five cents. A writ of execution was issued for the enforcement of the judgment, but before any levy thereunder the defendant,…