Kilker

This matter is before us upon an application of the above-named petitioner for a writ of mandate directing the respondent to enter an order of dismissal in a certain action pending in said court wherein the above-named petitioner is plaintiff and Albert Casper is defendant, in which action the petitioner had judgment against said Casper in the sum of $158.49 as principal and $6.25 costs, in the Justice’s Court of the City of Vallejo, on the twenty-ninth day of April, 1931, and thereafter appealed to the Superior Court of the State of California, in and for the County of Solano, and now known in said last-mentioned court as civil action No. 11,161.

The record shows that the appeal in said action from the Justice’s Court of the City of Vallejo was perfected on the twelfth day of May, 1931, and the papers constituting the appeal filed with said Superior Court in said action on said date. The record shows that thereafter the cause was set for trial on Wednesday, the third day of February, 1932, at 10 o’clock of said day; that at the request of the plaintiff the order setting the cause for trial was vacated, and the cause dropped from the calendar; thereafter, and on the seventeenth…