Wood

This is an original proceeding in certiorari to review an order of the respondent court which reversed an order of the justice’s court made after final judgment, which denied a motion to set aside a default off one of the defendants. The proceeding in the justice’s court was an action for damages for personal injuries in which petitioner herein was plaintiff. The default of the defendant Campana was duly entered upon his failure to appear after service of process and judgment was thereafter duly entered against him. Notice of judgment was served upon him in accordance with the requirements of the code and more than ten days thereafter he served and filed his notice of motion to set aside the judgment as to him. This motion was denied and thereafter that defendant served and filed his notice of appeal from the default judgment and from the order of the court denying his motion to set aside his default. This notice of appeal recited that the appeal was taken on questions of both law and fact and it was not accompanied by any statement of the ease.

On the hearing of the appeal in the Superior Court the petitioner herein objected to a trial of the case de novo upon the following…