Barnett

A proceeding in certiorari has been instituted herein for the purpose of reviewing and having annulled an order made by respondent, as justice of the peace, setting aside a default judgment, the ground of the application being that the motion pursuant to which said order was made was not presented within the limitation of time fixed by statute.

The facts are as follows: Petitioner brought an action in the justice’s court in claim and delivery to recover possession of a sewing-machine or its alleged value, $122. Although personally served with summons, the defendants failed to appear, and on April 12, 1927, judgment by default was entered against them in accordance with the prayer of the complaint. On the following day the clerk of said court mailed to the defendants a notice of the entry of judgment addressed to them at their San Francisco address. On the ninth day thereafter, and on April 22d, said defendants served and filed a notice of motion, supported by affidavit, that on April 25th, twelve days after the mailing of the notice of the entry of judgment, they would move said court to set aside the default judgment, one of the grounds urged in support of the motion being that…