Vecki

This is an original proceeding in mandamus to require the respondent to dismiss an appeal from a judgment of the justice’s court which is pending in the respondent court. The petition alleges that on May 5, 1925, the petitioner commenced an action in the justice’s court against Lea B. Meals as defendant and that after trial of said action judgment was rendered in favor of the petitioner and duly entered on June 13, 1925; that an appeal was taken from said judgment by said defendant and duly perfected, but that said appeal had not been brought to trial in the superior court within one year from the date of the filing of the appeal. The respondent answers setting up that the proceedings were prosecuted as alleged in the petition, but that said appeal had been set for trial before the superior court for January 28, 1926, and that the hearing thereof was continued from time to time by consent of the parties on account of the illness of the defendant. From the affidavit of defendant’s counsel, which was used on the motion to dismiss the appeal and which is made a part of respondent’s answer, it appears that the appeal was on the calendar of the superior court for the last time on April…