Beal

The facts as shown by the petition herein are as follows: The petitioner was defendant in an action brought against her by Herman Perry, in the justice’s court of Los Angeles township, where judgment was rendered against the defendant. The defendant appealed on questions of both law and fact. The judgment was rendered on July 2, 1924. The date of taking the appeal is not given, but it is alleged that the papers on appeal were filed in the Superior Court on July 23, 1924. On July 20', 1925, the defendant, after obtaining “an order shortening time’’ to two days for giving notice of motion, gave notice that on July 22, 1925, he would move for an order setting the case for trial and that it be tried forthwith. On July 22d, the plaintiff and his counsel failing to appear, said motion was presented and granted, and the court began and entered upon the trial by receiving in evidence certain documentary evidence offered by the defendant. The court then continued the cause until the next day, July 23, 1925. On July 23d the plaintiff and his counsel still failing to appear, the court continued the trial to August 3, 1925, and directed that counsel for plaintiff be notified thereof. This…