Washington National Insurance v. Superior Court

This is an original proceeding instituted here to compel, by writ of mandate, the respondent court and judge to vacate an order dismissing an appeal from the Justice’s Court of Riverside Township, and permitting petitioner to either amend its undertaking on appeal or file another undertaking.

Riverside Township has a population in excess of thirty thousand. Petitioner brought suit in the Justice’s Court of Riverside Township against Guy E. Farmer. Judgment was rendered for defendant and petitioner appealed to the Superior Court of Riverside County. The record was prepared and transmitted to the clerk of that court and the case set for trial on October 28, 1932. On the day of trial, without giving notice of his intention so to do, Farmer moved to dismiss the appeal on the ground that the undertaking on appeal was void and did not confer jurisdiction upon the superior court. Appellant there, petitioner here, asked leave of court to either amend its undertaking on appeal or to file another undertaking. The request was denied and the appeal dismissed.

The sole question before us is whether or not the undertaking was void or merely defective, so that it could be corrected by…