Ross

This is an appeal by one of the parties from an order vacating and discharging a writ of review issued for the purpose of reviewing certain proceedings had in a justice’s court. After the filing of appellant’s opening brief the respondent moved to affirm the judgment on the ground that the questions raised are so unsubstantial as not to need further argument.

The only record before us consists of copies of certain papers purporting to have been originally filed in the justice’s court in another action, with a copy of a writ of review issued by the superior court, a copy of a minute order taking under submission a motion to discharge the writ, and a copy of the order discharging the writ of review. The papers apparently filed in the justice’s court, although not so certified, are the complaint, amended complaint, alias summons, amended affidavit for attachment, amended under taking on attachment, amended writ of attachment and second amended complaint.

The petition for a writ of review which must have initiated this proceeding is not before us and nothing appears in the record to show in what manner it is claimed the justice’s court exceeded its jurisdiction. Nor are we further…