Emerson v. Superior Court

EDMONDS, J., pro tem.

Petitioner by this proceeding seeks to compel the superior court to vacate an order of dismissal and to proceed with the trial of an action on appeal from the justice’s court.

On December 27, 1934, petitioner appealed to the superior court from a judgment entered against him in the justice’s court. Within one year thereafter, the parties entered into a written stipulation “that the trial of the above entitled action now set in the above court for November 1, 1935, shall go off-calendar on said date and be re-set upon the said court’s calendar at its earliest convenience”.…