Galletta

Petition by A. Galletta for a writ of mandate to the Justice’s Court of the City and County of San Francisco to recall and quash an execution issued from that court.

An action was brought by respondent, Felix Lehman, against petitioner in said Justice’s Court to recover the sum of $100. Judgment therefor was entered during the year 1915 and petitioner appealed therefrom on questions of law and fact to the superior court of the city and county of San Francisco. Thereafter no action by either party was taken in the superior court until July 24, 1924, when respondent Lehman moved to dismiss the appeal under the provisions of section 981a of the Code of Civil Procedure, upon which motion the court made, and on November 6, 1924, entered its order and judgment dismissing the action. Whereupon respondent on November 21, 1924, moved the court, on due notice to petitioner, for its order vacating the previous order and judgment, and for its order dismissing the appeal in accordance with the motion originally made, on the ground that the first order, in dismissing the action, had been inadvertently made by the court. After hearing the court vacated the original order, restored the original…