Robert

Certiorari. Upon trial had in the- justice’s court, petitioner as plaintiff obtained a judgment against the Los Angeles Railway Company, from which it appealed to the superior court. Within five days after the time of serving and filing the notice of appeal, the parties filed with the justice a written document, duly signed, which, after reciting the service and filing by the Railway Company of its notice of appeal and its desire to have the undertaking for costs and that for a stay of execution waived, stated: “Now, therefore, it is hereby stipulated that each and both of said undertakings are hereby expressly waived. It is further stipulated that said appeal shall be deemed perfected for all purposes without the filing of said undertakings.” Thereafter, within due time, a transcript of the record was transmitted to the superior court where, without any objection at any time interposed by the plaintiff in said action, the case was tried, as a result of which a judgment was rendered in favor of defendant. Notwithstanding the express waiver of the undertaking for costs, petitioner now -asks this court, in reviewing the proceeding, to annul the judgment so entered by the superior…