Writ op Beview—Scope op Writ—Proper Exercise op Jurisdiction— Dismissal of Appeal prom Justice Court.—The writ of review cannot be made to perform the office of a writ for the correction of errors of law or fact. It involves only the question of jurisdiction. It will not lie to annul the action of the superior court in the proper exercise of its jurisdiction in dismissing an appeal thereto-from the justice’s court of which it acquired no jurisdiction.

Id.—Jurisdiction op Superior Court to Entertain Appeal.—The superior court has no jurisdiction to entertain an appeal where no bond for costs or deposit in lieu thereof has been given to pay the costs of the appeal, as required by the statute.

Id.—Time op Filing Undertaking—Notice—Insufficient Undertaking.—The undertaking on appeal from the justice’s court must be , filed within five days after the perfecting of the appeal, and notice of the filing of the undertaking must be given to the respondent. An undertaking on attachment given months prior to the appeal, by a foreign corporation, to secure damages and all costs including the costs on appeal to a superior court, and costs that may be awarded by any appellate court, is not sufficient to constitute a bond on appeal to the superior court, for want of filing within proper time,, and for want of service on the respondent.

Id.—Jurisdiction not Waived by Filing Answer.—The jurisdiction-of the appeal was not waived by the filing by the respondent of an answer in the superior court. Parties cannot waive jurisdiction of' the subject matter nor confer it by consent.

Id.—Absence op Undertaking—Deposit in Superior Court in Lieu op Bond.—Where there was an entire absence of any undertaking-on appeal, and not merely a defective undertaking, the court had no power or discretion to take a deposit in lieu of a bond. If the court had jurisdiction to exercise its discretion, its exercise could , not be the subject of a writ of review; and where it had jurisdiction to dismiss the appeal, an order to show cause why the writ, should not issue must be discharged.