Lucchesi

This is a proceeding in mandate. The respondents filed an answer denying all the allegations of the petition and also filed a general demurrer thereto-.

On the twenty-fourth day of April, 1924, a judgment was rendered and entered by the justice’s court of Bodega township, county of Sonoma, against the petitioners, doing business as partners, and in favor of one C. Fiori for the sum of $265 and costs. On the fourth day of May, 1924, the petitioners, as defendants in said action, served and filed a notice of appeal to- the respondent court from said judgment, , on questions of law alone. It is alleged -in the petition that at the time of the filing of said notice of appeal, the petitioners duly filed an undertaking on appeal from said judgment for the stay thereof and for costs of appeal; that thereafter, and on June 9, 1924, the plaintiff in said action, Fiori, by his attorneys, served upon the attorney for the plaintiffs in said action a notice of motion to- dismiss said appeal, upon the ground, among others specified, that neither the petitioners as defendants and appellants in said action nor their attorney had filed with the justice of said Bodega township, “from which…