KAUFMAN, J.
This is an appeal from an order dated March 17, 1955, granting respondent's motion to dismiss the above entitled action and to quash a writ of certiorari and a writ of mandamus, which order was made pursuant to respondent's motion, appellant having failed to amend its petition after demurrer was sustained with 10 days leave to amend on February 17, 1955. Appellant Southern Lumber Company brought this action to prevent the city of San Jose from annexing...
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