Clay

On prayer of the petitioners an alternative writ of mandamus was issued requiring the superior court to make an order vacating an order dismissing an appeal from a justice’s court, in an action to recover possession of certain personal property, and to proceed with the trial of that case, or to show cause why the same has not been done. Return having been duly made by the respondent, we are now required to determine whether the superior court was authorized to dismiss said appeal.

The petitioners were defendants in an action in the justice’s court of Los Angeles Township, in the county of Los Angeles, wherein Anna Lange was plaintiff. On June 23, 1916, the case came on for trial in that court, resulting in a judgment rendered on June 26, 1916, in favor of the plaintiff for possession of the described personal property, or $199.15, the value thereof, and $8.90 costs. On July 3, 1916, the defendants filed a notice of appeal and an undertaking, the sureties whereon were John J. Hutchinson and Wm. E. Shaw. On July 6th the plaintiff duly served and filed an exception to the sufficiency of the sureties, and thereafter the defendants filed and served notice of justification of sureties…