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This proceeding in certiorari was brought for the purpose of having reviewed an order made in the justice’s court of Los Angeles township, whereby a judgment entered in an action brought in that court by the petitioner here against one Mrs. H. Grant was vacated and set aside under the provisions of section 859 of the Code of Civil Procedure. After return made to the writ in the superior court and hearing had thereon, the court ordered the proceedings to be dismissed, and petitioner appeals.

In the justice court action the defendant, within the time allowed by law, made appearance by demurring to the complaint. The demurrer was filed on August 9, 1911; there- ■ after, on September 18,1911, an order was made by the justice overruling the demurrer and allowing defendant three days within which to answer. No answer was filed and, on September 28, 1911, judgment was entered in favor of plaintiff. Thereafter, on October 6, 1911, defendant filed a notice of motion to have the judgment vacated on the ground that it had been taken against her through her excusable neglect, and an affidavit of merits in proper form and of sufficient substance was filed, which affidavit also set forth facts…