Golden West Credit & Adjustment Co. v. Superior Court

Application for a writ of mandate to compel the respondent, Superior Court, to dismiss an appeal.

The petitioner, a corporation, on the'fifth day of November, 1924, commenced an action in the justice’s court against one Antonio Pina, and recovered a judgment in the sum of sixty dollars and costs. Thereafter on the eleventh day of December, 1924, defendant filed a notice of appeal on both questions of law and fact, together with an undertaking in the sum of one hundred dollars, and a further undertaking to stay the execution of the judgment. On the thirteenth day of December petitioner filed and served upon defendant a notice of exception to said undertaking on appeal, wherein defendant was notified that the sufficiency of the sureties was excepted to by petitioner, and that he further excepted to the form and sufficiency of the undertaking. The sureties on said undertaking, or other sureties, failed to justify within the five days after the service of the notice as provided for by statute, but on the sixteenth day of December defendant presented a new undertaking on appeal, without giving any notice to petitioner. This undertaking was approved by the justice, but also without…