Peterson

— Certiorari. The petition shows: That on the eighth day of December, 1915, the petitioner instituted an action in the justice’s court of Nelson Township, Butte County, against W. B. Linn and William Utter, copartners engaged in business under the firm name and style of Linn & Utter, for the recovery of the sum of $230, alleged to be a balance remaining due on two promissory -notes, together with costs of suit, including attorney’s fees, as provided in said notes. On the same day, upon an affidavit filed for that purpose, a writ of attachment was issued and the same levied upon property belonging to the defendant, Utter.

On the fourteenth day of December, 1915, the defendants were each served with summons, together with a copy of the complaint, at Chico, in Butte County, and the constable serv ing the same made due return of such service on the sixteenth day of December, 1915.

On the sixteenth day of December, 1915, an undertaking for the release of the attachment was filed in the sum of $647.02.

On January 3d, the defendants having failed to answer or demur to the complaint within legal time, a default judgment was entered against them for the amount sued for and costs.

On…