Mazuran

By this application it is sought to annul an order dismissing an appeal from the municipal court of Los Angeles. An action was commenced in the justice’s court of Los Angeles township, but before trial the justice’s court had been superseded by the municipal court and the trial was had in the last-named court. Also it appears from the return to the writ that a demurrer to the complaint was heard in the municipal court. Two of the defendants in the action (the petitioners here), being dissatisfied with the judgment, filed their notice of appeal on June 1, 1926, and within the time allowed by law. The notice of appeal stated that “the appeal is taken on questions of both law and fact.” By the provisions of section 976 of the Code of Civil Procedure no statement of the case is necessary in appeals from the justice’s court on questions of both law and fact. Under the provisions of section 975 of the same code, however, when the appeal is taken on questions of law alone it is necessary to prepare, serve, and file a statement of the case which shall “contain the grounds upon which the party intends to rely upon the appeal and so much of the evidence, as may be necessary to explain the…