Mulligan

This is an original application for a writ of mandamos to compel the Superior Court to dismiss an appeal from the justice’s court. It is based upon the failure of the appealing defendants to justify their .sureties upon their appeal bond in the manner prescribed by law.

Petitioner, as plaintiff in the justice’s court, obtained a judgment against Alfred Voyce, Jr., and Louise Hoggans for $134.78, together with interest and costs. Said defendants appealed to the Superior Court by serving and filing a notice of appeal and a notice of filing of undertaking on appeal October 11, 1927. The appeal bond was filed on the same day and was conditioned both for the appeal and a stay. It was signed by Charles Merkle and Annie Merkle as sureties. The sureties by notice duly served October 13, 1927, were by plaintiff duly required to justify. Defendants gave plaintiff notice on October 14, that they would justify their sureties October 17. On that day the sureties appeared and were examined in a department of the justice’s court before a judge sitting there temporarily in the absence of the judge regularly assigned to that department. The hearing was not completed and no order was made except…