¶1 The C. C. P., S. 133, authorizes a judge to “ relieve a party from a judgment, order, or other proceedings taken against him through his mistake, inadvertence surprise, or excusable neglect,” &c. And upon application for such relief, the Judge finds the facts, and grants, or refuses the motion, and from his judgment an appeal lies by either party. This is much more convenient, expeditions, and less, expensive than an application to the Supreme Court for a Certiorari, as a substitute for an appeal. Under our new Constitution, it is much the more appropriate remedy, as the Judge below finds the facts, and we only review his legal conclusions; whereas, in applications for certiorari we have to find the facts, and although *237 it may not be within the provision, that we shall try no “ issue ” of fact; yet we prefer not to try, when it can be avoided, any “ question” of fact, as contradistinguished from an issue of fact.
¶2 In this case the facts are. seriously disputed, and we think the petitioner ought to proceed by an application to the Judge below, under O. C. P., S. 133.
¶3 Motion for certiarori refused, and petition dismissed.
¶4 Per Curiam. Petition dismissed.