Justice of Peace—Certiorari—Modification of Judgment by Superior • Court.—Where on certiorari the superior court has approved an order of a justice’s court, it may subsequently, under sections 662 and 663 of the Code of Civil Procedure, vacate its judgment in so far as it taxes costs against the justice, who was one of the respondents in the certiorari proceedings.

Id.—Opening Default—Computation of Time—Sunday.—Where the ten days after notice of the entry of a default judgment in a justice’s court expire on Sunday, the defendant has the following day in which to apply for relief from the judgment on the ground of mistake, surprise, or excusable neglect, under section 859 of the Code of Civil Procedure.

Id.—Continuance of Hearing—Jurisdiction not Lost.—When a motion has been made to set aside a default within the time limited by section 859 of the Code of Civil Procedure, the court may, without losing jurisdiction, continue the hearing for argument or further evidence.

Id.'—Notice by Mail of Entry of Default—Insufficiency of Affidavit.—An affidavit of the service by mail of notice of the entry of a default judgment in a justice’s court is insufficient, under section 1012 of the Code of Civil Procedure, if it fails to show that the person who made the service and the party upon whom it was made resided or had their offices at different places; and it cannot be considered on an application to set aside the default on the ground of mistake, surprise, or excusable neglect.

Id.—Second Service of Process—Effect.—A second service of process does not waive the first service, nor can a second service of process effect a shortening of the time allowed a defendant under the law specified and applying to the first service.

Id.—Certiorari—Failure to Answer Petition.—Recitations in a petition for certiorari do not become admissions by reason of the respondent’s failure to answer the petition. The return to the writ constitutes the answer as well as the evidence, and the case is heard thereon unless upon motion an additional and amended return is made.

Id.—Setting Aside Default Without Imposing Costs—Error not Jurisdictional.—For a justice of the peace to set aside a default without imposing costs as a condition, while an error of law, is not jurisdictional and hence cannot be reviewed by certiorari.

Id.—Certiorari—Return to Wrio>—Certification of Facts.—In a return to a writ of certiorari to review the action of a justice of the peace in vacating a default, he may certify evidence taken at the hearing to determine the controverted facts in relation to the service of summons.