Beal

On August 15, 1933, the petitioner herein obtained a judgment in the police court of the city of Fresno in an action in which he was plaintiff. The defendant in that action moved for a new trial, which motion - was denied on September 14, 1933, and, on that day, the defendant appealed to the superior court on questions of both law and fact.

Under the charter of the city of Fresno the laws applicable to township justices’ courts were made applicable to this police court, and that particular judicial township contained a population of more than thirty thousand. It is conceded that at the time this judgment was entered appeals could be taken from said police court on questions of law alone, and that, by reason of section 982a' of the Code of Civil Procedure, such appeals were then governed' by the provisions of that code relating to appeals from municipal courts. On or about August 20, 1933, an amendment to the Code of Civil Procedure repealing section 982a thereof, went into effect (Stats. 1933, chap. 744, p. 1904). It is conceded that this change had the effect, in subsequent appeals taken on questions of both law and fact and properly coming within its provisions, to subject a…