City of Tacoma v. Nelsen

Appellant was convicted before- the police judge of 'Tacoma on February 15, 1927, of :a misdemeanor. Within the time prescribed by :Rem; Comp. S'tat., § 1919, he appealed to the superior court for Pierce county, gave the required bond and failed to prosecute his appeal diligently, or at all, for' eleven months thereafter. On January 28,1928, upon motion by counsel for the city, the appeal was dismissed because not prosecuted with diligence and the fine and jail sentence entered by the police judge, affirmed with costs.

Appellant then moved to vacate the order' dismissing. the appeal, based…