Associated Credit Exchange v. Barnett

A proceeding in certiorari has been instituted herein for the purpose of reviewing and having annulled an order made by respondent, as justice of the peace, setting aside a default judgment, the ground of the application being that the motion pursuant to which said order was made was not presented within the limitation of time fixed by statute.

The facts are as follows: Petitioner brought an action in the justice’s court in claim and delivery to recover possession of a sewing-machine or its alleged value, $122. Although personally served with summons, the defendants failed to appear, and on…