Nellis

Petitioner obtained a writ of review from the superior court the purpose of which was to annul the action of the justices’ court of Los Angeles township (created by act of the legislature in adding to the Code of Civil Procedure six new sections numbered 99 to 102b, inclusive, approved March 23, 1911, Stats. 1911, p. 442), in rendering judgment by default against him in a certain action brought in said justices’ court, wherein the Pico Heights Lumber Company was plaintiff and petitioner defendant. Upon the return to the writ and after a hearing thereon, the court denied the relief prayed for and rendered judgment in favor of respondents herein. From this judgment petitioner has appealed.

Appellant contends that the summons issued and served upon him as defendant in said action was insufficient to give the court jurisdiction. The summons is silent with reference to anything showing that the same was issued upon an order of the presiding justice, as required by section 102 of the Code of Civil Procedure, which provides that “all legal processes of every kind in actions or proceedings in said justices’ court shall be issued by the said justices’ clerk upon the order of the presiding…