Hayden

The petition herein purports to he an application for a writ of mandate directed to the superior court of Los Angeles County (the Honorable Charles Monroe, judge thereof), requiring it to try a certain cause pending therein, entitled “W. R. Hayden, plaintiff, v. Robert Law, defendant.” By an order of court made March 13, 1913, upon the ex parte motion of plaintiff, the case was set for trial on the thirteenth day of May, 1913. On April 28th following, the court, upon motion of defendant, made an order vacating and setting aside the first order made for the reason that plaintiff had failed to comply with rule 17 of the superior court, which provides that “Civil actions at issue may be set for trial in the respective departments, where they are pending, upon motion of a party upon five days’ written notice of such motion to the adverse party, or on motion based upon stipulation of the parties.” The power of a court of record to make reasonable rules for its government and the government of its officers is found in section 129 of the Code of Civil Procedure. That the rule in question is reasonable is apparent. The claim of petitioner, however, is that it is inconsistent with the…