Rubenstine

It appears from the record that in an action pending in a justice’s court of Long Beach township, Los Angeles county, wherein petitioner was plaintiff and one M. A. Dyer was defendant, judgment was rendered against defendant ; that within due time notice of appeal was served upon petitioner by defendant, and an undertaking on appeal filed on the fourteenth day of October, 1911; that on the sixteenth day of October, 1911, petitioner filed with the said justice written exception to the sureties, and on the same day deposited in the United States mail at the city of Los Angeles a notice of such exception, addressed to the' attorneys of defendant at Long Beach, California, in which notice the petitioner assumed the duty of fixing the date for justification of the sureties, and fixed the eighteenth day of October, 1911, as the date for the appearance and justification; that on said date all parties appeared at the office of the magistrate, who was absent from the city of Long Beach and was not present at his office during the entire day, and the sure: ties did not justify, although being in attendance for that purpose. The justice transmitted all of the papers to the clerk of the…