Connely

Petitioner in this proceeding sought a writ of certiorwri to review an order made in the superior court, which order purported to accomplish the dismissal of an action theretofore brought into the superior court by appeal from the justice’s court. The writ was issued and return duly made. It appears that the petitioner commenced her action in the justice’s court in September, 1916. The action was one of claim and delivery, and it was alleged that the value of the property was $290 and that the plaintiff had been damaged by the unlawful detention thereof in the sum of one hundred dollars. The relief demanded was for the possession of the property, or in case possession could not be had, then for its value in the sum stated, together with the amount of damages alleged. Answer was filed and the case duly set for trial in the justice’s court and notice given to the defendants. Defendants failed to appear at the trial, and after hearing evidence the justice entered judgment in accordance with the prayer of the complaint. Defendants thereupon appealed the case to the superior court, where, after certain proceedings, the court made the following order: “In this cause heretofore submitted…