Rauer's Law & Collection Co. v. Superior Court of San Francisco

THE COURT.

This is an application for a writ of mandate to compel the superior court to set aside and vacate its order of dismissal, and to proceed with the trial and determination of an appeal taken to that court from the justice’s court. The action in the justice’s court was one in claim and delivery; and after it had been at issue for about seven years was, upon motion properly made, dismissed for the plaintiff’s failure to prosecute the same with due diligence; and as a part of that order the justice’s court made and entered-a judgment that the plaintiff return to the defendant the…