Townsend

This is an appeal from a judgment of the superior court of the county of San Joaquin on certiorari, affirming and approving an order of the justice’s court of Stockton township, made on the eleventh day of June, 1912, wherein the said justice of the peace set aside a judgment theretofore made and entered by him on the twenty-second day of December, 1911, in favor of plaintiff and against the defendant, on the ground of mistake, inadvertence, and excusable neglect. The record includes also an appeal from an order of the superior court, modifying its' judgment theretofore made, by “vacating said judgment insofar as costs were taxed against the defendant A. C. Parker,” who was the justice of the peace and one of the respondents in the certiorari proceedings.

In passing it may be said that there is no merit in this appeal last mentioned. The modification was to a portion of the judgment of the superior court from which no appeal was taken, and simply determined that the costs should be assessed against Eccleston, the real party in interest in the litigation, and relieving the justice of the peace from any responsibility on that account. This procedure is fully warranted by law (Code…