Opinion
Docket No. S.F. 16329.
November 9, 1939.
APPLICATION for a Writ of Certiorari to review an order of the Superior Court of San Bernardino County granting a motion to vacate a judgment. Writ denied.
The facts are stated in the opinion of the court.
Hales Hales for Petitioner.
THE COURT.
[1] This is a petition to review an order of the Superior Court granting a motion to vacate a judgment for lack of jurisdiction of the person. The petition must be denied for the reason that the order is appealable as a special order after final judgment ( Colby v. Pierce, 15 Cal.App.2d 723 [ 59 P.2d 1046]; Casner v. Superior Court, 23 Cal.App.2d 730 [ 74 P.2d 298]; Harth v. Ten Eyck, 12 Cal.2d 709 [ 87 P.2d 693]), and it is the general rule that certiorari will not lie to review an appealable order or judgment either before or after the expiration of the time limited by law for appealing therefrom. ( State Board of Equalization v. Superior Court, 9 Cal.2d 252 [ 70 P.2d 482]; Casner v. Superior Court, supra.) The case of Zierath v. Superior Court, 35 Cal.App. 788 [ 171 P. 112], in which case such an order was annulled on certiorari, failed to consider this objection, and must be disapproved.