Rabin

It is made to appear by the verified petition in this case that' a judgment was regularly entered by the respondent justice against petitioners, in March, 1907; that within due time an appeal was perfected to the superior court of Los Angeles county and the papers transmitted thereto, and said cause placed upon the calendar of said court. That afterward, on the 27th of May, 1909, plaintiff moved the superior court to dismiss the appeal, assigning as a reason therefor that the same had not' been prosecuted by appellant with reasonable diligence. On the 29th of May, the defendants, petitioners herein,.'moved to dismiss the action for the reason that plaintiff had failed for a period of t'wo years after said cause had been appealed to the superior court, and after the cause had been at issue, to bring said action to trial. Upon the hearing of these motions, the superior court' denied the motion to dismiss the action, but entered an order granting the motion to dismiss the appeal, and instructed the clerk to send the files back to the justice’s court. The justice, respondent herein, assuming authority by virtue of this last'-mentioned order, issued an execution out of the judgment…