Lindeman

This is an application for a writ of mandate and is based on the following facts: The petitioner commenced an action against J. H. Handlon in the justice’s court of San Francisco. After issue was joined a trial was had and a judgment was entered in favor of the defendant. In due time the plaintiff served on the defendant and filed a notice of appeal) which notice was in words and figures as follows: “You will please take notice, that the plaintiff in this action above named, hereby appeals to the Superior Court of the City and County of San Francisco, from the Judgment therein made and entered in the Justice’s Court, on the 19th day of October, A. D. 1925, in favor of said plaintiff against said defendant and from the whole thereof. The appeal is taken on questions of law and fact. Dated San Francisco, this 18th day of November, A. D. 1925.” (Italics ours.) Later the hearing of the appeal was duly set for May 5, 1926. Before that hearing was had the defendant Plandlon duly served a notice thereof and later made a motion to dismiss the appeal and based the motion on the ground that the notice of appeal recited that the judgment appealed from was a judgment “in favor of said…