delivered the opinion of the .court.

Fleming brought an action against Breitner to set aside a judgment of a justice of the peace, in unlawful detainer, ousting him from the possession, of a rooming house. His bill was dismissed and he brings error..

The ground of his action was that the justice judgment was procured by fraud, but his evidence shows no fraud *429 in procuring the judgment (he was served and appeared), hut only in procuring a certain chattel mortgage which figured in the detainer case. It need not he said that the district court could not set aside a judgment on such ground.

The judgment is affirmed.

Mr. Chief Justice Allen not participating.