Garrett

This is a proceeding in quo warranto instituted for the purpose of testing the right of defendant to hold the office of justice of the peace. A demurrer to the complaint was sustained without leave to amend and judgment went for defendant. Plaintiff appeals from the order sustaining the demurrer and from the judgment.

The order sustaining the demurrer is not an appealable one. The appeal from the order must therefore be dismissed.

The complaint alleges that respondent was elected a justice of the peace of Santa Monica township, in Los Angeles County, in November, 1922, and that he qualified as such justice on January 4, 1923; that at all times since the date last mentioned he has been such justice except as in the complaint later alleged; that Santa Monica township is a judicial township, created under the constitution and laws of the state; that the city of Santa Monica is a municipal corporation, operating under a freeholders’ charter adopted and ratified as provided in the constitution; that the freeholders’ charter of the city of Santa Monica provides for a police judge; that the civil jurisdiction of the police court of Santa Monica is coextensive with that of the Santa…