Kettelle

The action in the municipal court was brought to recover judgment for an amount within the jurisdiction of that court. Judgment having been entered in favor of the plaintiff, the defendant appealed to the Superior Court. The motion to dismiss appeal was made upon the ground that the appellant at no time justified the sureties on her undertaking on appeal after exception to the same had been taken by the respondent.

According to section 986 of the Code of Civil Procedure (added to that Code in 1927 [Stats. 1927, p. 120, sec. 4]), where the undertaking on appeal from the municipal court has been filed within due time, and exception to the sureties has been taken within due time, it is provided that: “unless they or other sureties justify before a judge of the municipal court within five days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal must be regarded as if no such undertaking had been given. ’ ’

“The rules of pleading and practice applicable to the prosecution of civil actions and enforcement of judgments in the superior court of this state shall apply to and govern the prosecution and maintenance of civil actions and…