Disque

This is an appeal from a judgment of the superior court of Santa Clara County, rendered upon a writ of review directed to a justice’s court. The court below found that said justice’s court had not exceeded its jurisdiction, and judgment went for respondent.

Appellant was a defendant in an action instituted in such justice’s court, and judgment was entered against him therein for $34.29 and costs. He claims in this proceeding that the justice’s court had no jurisdiction to render any judgment in that action, for two reasons,—1. Because, of its own motion, on account of the absence of his attorney, it continued the trial from 10 o’clock a. m. to 2 o’clock p. m. of the day fixed for trial; and 2. Because it refused to grant him a continuance from said day to some future time. Each of these rulings of the justice, it is urged, operated to divest him of jurisdiction to proceed further in the action.

The record shows the following to be the material facts: On October 21, 1899, the justice regularly fixed October 27, 1899, at 10 o’clock A. m. for trial, and duly notified the parties. On October 24th, appellant’s (defendant in that action) attorney filed with said justice an affidavit…