Napolitano v. Superior Court

We are asked to vacate an order of the Superior Court of Los Angeles County dismissing an appeal from a judgment of the justice’s court, rendered in an action of Agustino Riggio against J. Napolitano, petitioner herein.

It appears without conflict that the case on appeal was not brought to trial until after the expiration of one year from the date of its filing in the Superior Court. It was set for trial therein on the sixth day of December, 1926. At the time of being set down for trial counsel for both sides were present in court, and orally stipulated to the date which was fixed; on December…