Day

This is an appeal from a final order made by the superior court denying the issuance of a writ of certiorari, which appellant sought for the purpose of reviewing and having annulled a justice’s court order vacating the default judgments of two defendants in an action for damages. The application for the writ was based upon the grounds that the notice given appellant of the hearing of the motion to set aside said defaults was less than is required by the provisions of section 1005 of the Code of Civil Procedure, and that copies of the affidavits upon which the motion was to be based were not served upon him. (Code Civ. Proc., see. 1010.)

Appellant concedes that if the justice’s court order was reviewable on an appeal the trial court was justified in denying the issuance of the writ (Olcese v. Justice’s Court, 156 Cal. 82 [ 103 Pac. 317 ]); and it is evident that the order was so reviowable by way of appeal upon questions of law from any adverse judgment the justice’s court might afterwards render in the action. In this regard sections 974 and 975 of the Code of Civil Procedure provide that such an appeal may be taken to the superior court upon a statement of the case; and that…