Hoopes

The petitioners were defendants in an action filed by one Joe Firman in the justice’s court of Los Angeles township; judgment having gone in their favor, Firman appealed to the superior court on May 19, 1921. On July 29, 1921, the plaintiff caused his appeal to be set for trial de novo on December 8, 1921, at which time it was continued to the ninth day of February, 1922, and on this latter date the case was dropped from the calendar. No further proceedings were had therein until January 19, 1923, when the plaintiff had said ease restored to the calendar and it was then set for trial on October 2, 1923, at which time it was again dropped from the calendar. On November 13, 1923, plaintiff caused the same to be placed upon the calendar and reset for trial November 10, 1924.

On the twenty-ninth day of September, 1924, pursuant to notice, the petitioners moved the superior court to dismiss said appeal upon the ground that the plaintiff had failed to bring the same to trial within one year from the date on which it was filed, or at any other time prior to January 1, 1924, and that the time for trial had not been extended by stipulation in writing filed with the clerk.

The motion to…