Kosturos v. Municipal Court

The petitioners appeal from a judgment denying them a writ of mandate to require the municipal court to dismiss a proceeding against them upon the ground that the action was not brought to trial within five years from the time it was commenced. The cause was tried upon the record of the proceedings in the municipal court and comes here upon a stipulated transcript in the nature of a judgment roll.

The action was begun on March 13, 1936. Notice of time of trial set for March 11, 1941, was served on March 5, 1941. The defendants on March 7, 1941, demanded a jury trial and had the clerk of the…