Jacques

In the Justice’s Court of the Second Judicial Township of the County of Santa Barbara, in an action of Dr. Alfred Jacques against Mrs. C. W. Hayward, judgment was entered in favor of the plaintiff for the sum of $205.06 and costs. Prom that judgment the defendant appealed to the superior court. Thereafter plaintiff moved for dismissal of the appeal on the ground that there was no proper record therein, in that no bill of exceptions or reporter’s transcript was before the court, and also in that the judgment-roll was not certified by the judge of the justice’s court from which the appeal was taken. Said motion having been denied, plaintiff applied to this court for a writ of review for the purpose of annulling the order and compelling the superior court to dismiss the appeal. Although the writ of review was issued and the case is now before us on the return to the writ, the appropriate remedy, if petitioner is entitled to relief, would seem to be a writ of mandate requiring respondent to dismiss -the appeal.

The case for petitioner is based upon the assumption that, as alleged in the petition, the said second judicial township is a township having a population of over 30,000…