Abbott v. Superior Court

Petitioner was defendant in a certain action in the justice court. Judgment was there rendered against him and he prosecuted an appeal to respondent Superior Court. The appeal was perfected on March 10, 1925. Thereafter upon the application of the plaintiffs in the action, after written notice of motion, respondent court set it down for trial on April 30, 1926. The plaintiffs moved the court, on March 30, 1926, after due notice of motion, to dismiss the appeal on the ground that the appealing party had not brought the action on for trial in respondent court within one year, as required by…