Corrigan

Petitioner applies for a writ of certiorari to review an order of the superior court dismissing an appeal, on questions of law alone, from a judgment of the justice’s court of Vallejo township, Solano County. Both the petition and the return show that the appeal was regularly perfected and that it was argued upon the merits in the superior court by counsel for the respective parties and submitted to the court for decision of the questions of law involved therein. No motion to dismiss the appeal was made. The clerk’s record shows the entry of a judgment dismissing the appeal. From affidavits presented at the hearing in this court, which cannot be considered, of course, for the purpose of impeaching the record, it appears that the court ordered the affirmance of the judgment, and the judgment of dismissal was inadvertently entered by the clerk.

In Buckley v. Superior Court, 96 Cal. 119 [ 31 Pac. 8 ], it was held by a divided court that the writ of certiorari will not lie to annul a judgment of dismissal of an appeal, even though such judgment is “entirely without support in the law.” The decision in that case, however, has been overruled. (Golden Gate Tile Co. v. Superior Court,…