Mash

This is an application for a writ of certiorari to review an order of the respondent dismissing an appeal from the justice court. In view of the fact that the case of the petitioner depends in part upon a question of fact, as to what he did in perfecting his appeal, and as this fact is not shown in the return to the writ, we announced to the parties that we would treat the application as one for mandamus to compel the respondent to proceed with the trial and we referred the disputed question of fact to the Honorable Daniel C. Deasy, judge of the superior court of the city and county, to hear the evidence offered on that subject and to report his findings. This report having been filed we will state the facts, as admitted and as thus shown.

A judgment of a justice court was rendered and entered against the petitioner for the sum of $182.65, December 14, 1922. On January 10, 1923, within the thirty days allowed for an appeal, the petitioner gave notice of appeal and filed an appeal bond for $100 costs and for $370, the latter sum being more than twice the amount of the judgment. On January 13, 1923, the plaintiff in that action served and filed a notice requiring the sureties to…