Certiorari—Discretion in Issuing—Right of Appeal.—Certiorari is not a writ of right, and the granting or refusing to issue it rests in the discretion of the court, and it will not be issued where the matter sought to be reviewed can be heard and determined on appeal.

Id.—Right of Appeal to Court Other than One Applied to for Writ.—The provision of section 1068 of the Code of Civil Procedure, that a writ of review may be granted when an inferior tribunal, exercising judicial functions, has exceeded its jurisdiction and there is no appeal, is not limited to the case where no appeal lay to the court petitioned for certiorari, but where no appeal lay to a court of general common law jurisdiction, which could itself, in a proper case, issue the writ.

Id.—Jurisdiction of Superior Court—Appeal from Justice’s Court on Questions of Law—Jurisdiction of Person of Defendant.— The superior court has the fullest common law and equity jurisdiction, and is vested by section 5 of article VI of the constitution, with power to issue the writ of certiorari, and has appellate jurisdiction, on an appeal on questions of law from a judgment of a justice’s court entered on the default of the defendant, to determine the question of law whether or not the justice’s court acquired jurisdiction over the person of the defendant.

Id.—Affirmance of Judgment of Justice’s Court—Certiorari from Supreme Court to Bevusw Judgment of Justice’s Court.—If, on such an appeal, the superior court affirms the judgment of the justice’s court, the judgment of the superior court operates to estop the defendant from proceeding in the supreme court to review on certiorari the judgment of the justice’s court. His proper method of redress is an application for a writ of certiorari to review the judgment of the superior court, from which the law has provided no appeal. So long as the judgment of the superior court stands unassailed, that judgment formally decreeing the validity of the judgment of the justice’s court cannot be ignored nor in another proceeding swept aside.

Id.—General Appearance—Waiver of Defect in Service of Summons.;—A general appearance by a defendant, in an action in a justice’s court, is a waiver of a defect in the service on him of the summons.

Id.—Plea for Lack of Jurisdiction of Person—Waiver of Defect by Asking for Other Belief.—Pleas based upon lack of jurisdiction of the person are in their nature pleas in abatement, and find no especial favor in the law. Such a plea is purely dilatory, and a defendant who seeks to avail himself of it must stand upon his naked legal right, and seek nothing further from the court than the enforcement of that right. If he raises any other question, or asks for any relief which can be granted only upon the hypothesis that the court has jurisdiction of his person, his appearance is general, though termed special, and he thereby submits to the jurisdiction of the court as completely as if he had been regularly served with summons.

Id.—Action in Justice’s Court—Service Outside of County—Waiver op Defect by Demurring to Jurisdiction.—Where the complaint in an action on contract in a justice’s court is in all respects sufficient to show jurisdiction in that court of the subject-matter of the action, but fails to allege that the contract was in writing, service of the summons upon the defendant, under section 848 of the Code of Civil Procedure as amended in 1907, may not be had outside of the county in which the action is brought. If, however, a defendant served outside of such county, specially appears to quash the service of the summons, and at the same time, by an appearance denominated special, demurs to the complaint on the ground that the court has no jurisdiction of his person or of the subject-matter of the action, he thereby waives the question of the jurisdiction of his person, and submits himself to the jurisdiction of the court.