Duke v. Justice's Court

Plaintiff appeals from a judgment entered after trial on the merits denying him a peremptory writ of prohibition. The appeal was taken on the judgment roll, and the facts appearing therefrom are these: On June 5, 1933, a money judgment was entered against appellant in the Justice’s Court of the City of Berkeley, from which no appeal was taken; and on March 14, 1939, the judgment creditor presented a motion based on section 685 of the Code of Civil Procedure to have said judgment enforced and carried into execution. Appellant contested the motion, and at the conclusion of the hearing the…