Nay v. Superior Court

This matter is before the court upon petitioner’s application for a writ of mandate, commanding the Superior Court of Napa County and Honorable Percy S. King, as judge thereof, to vacate an order dismissing an appeal by the petitioner taken by him from a judgment entered in the justice’s court of Hot Springs township, in the county of Napa, wherein L. S. Mitchell was plaintiff and N. R. Fowler and the petitioner, H. L. Nay, were defendants.

The facts, as they appear in the pleadings, so far as necessary to be considered in the determination of petitioner’s application, are as follows: On the…