Grimwood

Mandamus. An action was brought by Grim-wood in tbe justices’ court of tbe city and county of San Francisco against Charles M. Plum, Emma D. Taylor, and others, stockholders in a certain corporation, to enforce tbe individual liability of the defendants therein, respectively, for alleged indebtedness of tbe corporation to said Grimwood. Five of tbe defendants in that action appeared and answered, putting in issue tbe allegations of tbe complaint there. Tbe defendant Taylor, being duly served with process, suffered default; thereupon, tbe plaintiff made proof of bis cause of action against her before Barry, tbe appellant here, who was tbe justice to whom *276 such action was assigned for trial, and judgment was entered against said Taylor for tbe amount of ber several liability as alleged in said complaint. Afterward tbe plaintiff moved said justice to try tbe action against tbe defendants wlio bad answered; tbe motion was denied on tbe ground tbat since a trial bad been bad and a judgment taken as to tbe defendant in default, the court bad no further jurisdiction of tbe case; tbat such trial and judgment operated as a dismissal in favor of tbe defendants who bad appeared. Grimwood…