Judd

Petitioner seeks to prohibit the superior court from trying an action originally tried in the justice court of Bucksport township of said county. The facts are stipulated and need not be set out at length. In said superior court a motion was made by petitioner herein to dismiss the appeal upon the ground that the court was without jurisdiction, but it was denied. The reasons for the claim of want of jurisdiction are stated as follows: “First. That the notice of appeal was not sufficient because it did not recite the correct date of the judgment; Second. That the notice of appeal was served more than five days prior to the filing of the undertaking ; Third. The undertaking was defective in this, that the date of entry of judgment was incorrectly stated; Fourth. That the undertaking on appeal was defective in this, that the justice of the peace permitted a new surety to sign the undertaking and to justify in the place of one of the original sureties; and Fifth. That the undertaking to stay execution was not in double the amount of the judgment including costs and that the court had no right to permit the appellant to give a new bond to stay execution.”

To these points, however,…