Cunial

An appeal from a judgment of the superior court in and for the county of Alameda made on certiorari dismissing the petition and affirming an order of the Justice’s Court of the City of Berkeley vacating a judgment therein rendered.

An action was brought by appellant in the latter court. Summons was served upon the defendant, on whose failure to appear default was entered. On the day of the entry of the default, but after its entry, defendant filed therein a demurrer to the complaint. Following the entry of the default mentioned evidence was taken in support of the allegations of the complaint, whereupon' the court entered judgment for defendant. Appellant appealed therefrom to the superior court upon questions of law. Following a hearing in that court, in which the attorney for the defendant participated, the judgment was reversed and the cause remanded. After the remand, but before further proceedings were had in the cause, defendant moved in the Justice’s Court for an order setting aside his default, which motion was denied. Subsequently the cause was again heard in the latter court, the attorney for defendant being present; evidence was offered by appellant and a stipulation…