Brown

Prohibition. A judgment in a justice’s court was entered in the docket on March 9, 1923, as follows:

Within the time prescribed by the statute plaintiff filed with the justice’s court his notice of appeal to the superior court of Imperial County from the judgment of said justice’s court made and entered against plaintiff; and on April 13, 1923, which was thirty-five days after the entry of the judgment in the docket of the justice’s court, plaintiff served a copy of the notice of appeal upon the attorney for one of the defendants. The other defendant was never served with any notice of said appeal. On the eighteenth day of April, 1923, defendants filed with the clerk of the superior court their motion to dismiss the appeal taken by plaintiff on the ground “that said appeal had not been perfected within time—notice of appeal not having been served upon the defendants or upon the attorneys for the said defendants within the time required by law”; that said notice was originally noticed for hearing on April 20, 1923, but by order of the court was continued until April 27, 1923. On April 24th a new notice was served of the hearing of the motion on April 27th, and with the notice were…