Harpold

This is an original application to this court praying for a writ of mandate directing the respondent court to take jurisdiction of and hear a certain case on appeal from the justice’s court.

Heretofore Laura E. Mathis commenced an action in the justice’s court against the petitioner and another. Thereafter such proceedings were had that on the fifth day of August, 1921, judgment was rendered against the defendants in that action; thereafter the petitioner prepared a notice of appeal purporting to appeal from said judgment, and in his petition in this case he alleges that he filed the notice of appeal and that he has annexed a copy of the notice to his petition; such a paper appears as an exhibit, and there is nothing in the record showing that the same was served on anybody or at all. In his petition the petitioner avers that he filed in the justice’s court an undertaking on appeal, and that the same is attached to the petition. It is further alleged that fhe papers on appeal were thereafter transferred to the clerk of the superior court and that the proceeding was assigned to Department Nine of the superior court; that Honorable Frank H. Dunne is the judge presiding in said…