Meier

This is an original application for a writ of mandate to compel the respondent court and the judge thereof, on a motion to that end, made in said court, to make and enter an order dismissing the appeal in a certain action appealed to said court from the justice’s court of Newman township, in the county of Stanislaus.

The motion to dismiss was based upon section 981a of the Code of Civil Procedure, which was added to said code by an act of the legislature of 1923, the title of which reads as follows: “An Act to add a new section to the Code of Civil Procedure, to be numbered 981a relating to dismissal of appeal.” (Stats. 1923, p. 755.) Said section reads as follows: “No action heretofore or hereafter appealed from the justice court to the superior court, shall be further prosecuted, and no further proceedings shall be had therein, and all such actions heretofore, or hereafter appealed must be dismissed by the court to which the same shall have been appealed, on its own motion, or on the motion of any party interested therein, whether named in the complaint as a party or not, where the appealing party fails to bring such appeal to trial within one year from the date of filing such…