Rossi v. Superior Court

This is a petition for a writ of mandamus to compel the Superior Court of San Joaquin County to dismiss an appeal from the Justice’s Court of Stockton Township, under the provisions of section 981a of the Code of Civil Procedure, for failure to prosecute the appeal with due diligence.

In a suit for damages, the Justice’s Court of Stockton Township rendered judgment in favor of this petitioner for the sum of $791.50, on November 30, 1932. On motion for new trial, the judgment was modified and the motion was denied as to the damages awarded in the sum of $350, on January 28, 1933. Notice of…