Nay

This matter is before the court upon petitioner’s application for a writ of mandate, commanding the Superior Court of Napa County and Honorable Percy S. King, as judge thereof, to vacate an order dismissing an appeal by the petitioner taken by him from a judgment entered in the justice’s court of Hot Springs township, in the county of Napa, wherein L. S. Mitchell was plaintiff and N. R. Fowler and the petitioner, H. L. Nay, were defendants.

The facts, as they appear in the pleadings, so far as necessary to be considered in the determination of petitioner’s application, are as follows: On the second day of December, 1924, after a trial had been had- in the above-entitled justice’s court, in the foregoing entitled action pending therein, judgment was rendered and entered against the petitioner; thereafter, and on the said second day of December, 1924, the petitioner, H. L. Nay, defendant in said action, filed in said justice’s court, with the justice of the peace thereof, a notice of appeal to the Superior Court of the County of Napa, from the judgment then and there rendered and entered against him. Said notice of appeal is in the following words and figures, to wit;

On the same…