Liveriedes

This is a proceeding in mandamus to compel the respondent court and the presiding judge of department one thereof to hear and determine a Justice’s Court appeal.

The allegations of the petition are not denied, and are to the following effect: In April, 1929, the Justice’s Court of Brooklyn township, in and for the county of Alameda, rendered a money judgment against petitioner in an action for damages arising out of an automobile collision, and thereafter petitioner took an appeal therefrom to the respondent court upon questions of both law and fact. The notice of appeal and undertaking conformed to the requirements of and were served and filed within the time prescribed by the statute; and the fees of the Justice’s Court were paid. Thereupon and in May, 1929, the Justice’s Court transmitted to and filed with the county clerk of said county a copy of the docket and all of the files and documents necessary to confer jurisdiction upon the respondent court; and the fees of the county clerk for filing the same and placing the cause upon the calendar were paid. But, the petition alleges, the respondent judge refused, on several occasions, to set the cause for trial or to hear or…