(iconicurring (specially). I dta not disagree with the apiniion, if we aire to» consider the merits. I -do, ¡however, question whether (by section 22, c. 275, Laws 1915, it was the legislative intent to enlarge the sidqpie of .the whit of certiorari, as defined in section 760, C. C. P., and therefore whether we ought to 'consider the merits, even under plaintiff s concession.
PO'PPEiY, J., concurs in tilie above.