Carmack

The petitioner seeks a writ of mandate to compel the superior court to hear an appeal from a judgment of the small claims court of Santa Barbara Judicial District.

On April 2, 1962, judgment was entered in the small claims court in favor of Emilio Ordas and against the petitioner for $60, together with costs in the amount of $3.35. On April 30, 1962, the petitioner filed in the small claims court a statement on appeal bearing that date. The statement was substantially in the form set forth in section 117k of the Code of Civil Procedure. That document was accompanied by a bond on appeal as required by section 117Í of the code. The bond was dated April 30, 1962. A third paper filed was a declaration of the petitioner as to the proceedings which took place in the small claims court on April 2, 1962. On May 1, 1962, the plaintiff in the action, Emilio Ordas, was personally served with a copy of each of the three documents by the Sheriff of Santa Barbara County.

The matter was set for hearing in the superior court. (See Code Civ. Proe., § 117n.) On July 31,1962, the date designated by the clerk of the superior court, the petitioner and the plaintiff, Emilio Ordas, appeared with…