Widrin

The petitioner was the defendant in a certain action in the justices’ court entitJed, “L. Bingham, versus M. Widrin.” Such proceedings were had therein that a' judgment was regularly entered in favor of plaintiff and against the petitioner. Within thirty days after the rendition and entry of the judgment, to wit, on November 30, 1910, the petitioner served and filed a notice of appeal, filed an undertaking in proper form, and on December 10th gave notice thereof. On December 12th the plaintiff served a notice of exception to the sureties, whereupon the petitioner gave notice that the sureties would justify on December 16th. At the time and place specified the sureties appeared, and were ready and willing to qualify, but on account of an order theretofore made by the justice of the peace before whom the case was tried and before whom the justification was noticed to be made, all matters on his calendar for that day were postponed for one week; and by virtue of this order and by reason of the absence of the justice the examination of the sureties went over for one week, at which time other sureties appeared and qualified. Subsequently the papers in the case were transmitted to the…