Cross

Briefly, the facts are that in an action brought in the justice court the plaintiff (petitioner herein) therein recovered judgment. Thereupon an appeal from such judgment was taken by the defendant to the Superior Court. More than one year after such appeal had been perfected, the attorney for the plaintiff signed the following stipulation: “It is stipulated the above case may be set for trial.” Thereafter, under the provisions of section 981a of the Code of Civil Procedure, the plaintiff moved the Superior Court to dismiss the appeal on the ground that it had not been brought to trial within one year from the date of the filing of such appeal. The motion was denied; whereupon the instant proceeding was instituted by the plaintiff for the purpose of obtaining an order from this court directing the said Superior Court to dismiss said appeal.

Petitioner contends that the stipulation by him that the action “may be set for trial” is not the equivalent of a stipulation that the cause might be brought to trial. A distinction between the two propositions is apparent. A situation such as might be presented by a stipulation that the cause might be set for trial might arise from a desire…