Martin

This is an application for a writ of re view.

In an action pending in the superior court, wherein petitioner was plaintiff and Union Oil Company of California and others were defendants, judgment was entered on the fifteenth day of January, 1924, in favor of plaintiff and against said defendant company for the sum of $428.44 and costs of suit. The judgment recited that “on the 14th day of March, 1923, the said defendant Union Oil Company of California, by and through its said attorneys, Cooney and Kelley, filed with the clerk of this court its written stipulation wherein and whereby the above entitled court was authorized and directed to render judgment herein in favor of the plaintiff, and against it, the said Union Oil Company of California, in the sum of four hundred twenty-eight and 44/100 dollars, and costs of suit.”

On the twenty-second day of January, 1924, on the ex parte motion of the defendant company, the court made the following order:

Petitioner contends that the court was without jurisdiction to make the aforesaid order on an ex parte application. It need not be determined whether or not the court had such jurisdiction. The order is appealable as a “special order…