Pacific Window Glass Co. v. Smith

Certiorari. The petitioners charge that the respondents acted in excess of their jurisdiction in the dismissal of an appeal from the justice’s court of O’Neal township, county of San Joaquin, in a certain action wherein one W. J. Herson was plaintiff and the petitioners were defend ants, and in which judgment was rendered and entered in favor of the plaintiff in said action against the petitioners.

The ground upon which the appeal was dismissed in said action was that “no undertaking on appeal for the sum of $100 for the payment of the costs on the appeal” had been Bled by the defendants in said action (petitioners here), as required by the provisions of section 978 of the Code of Civil Procedure.

According to the uncontroverted averments of the petition, a judgment was rendered by the justice’s court of O’Neal township on the second day of April, 1908, in favor of said W. J. Herson and against the petitioners for the sum of $177.30, of which the sum of $25.16 was for attorneys’ fees and $26.34 for- costs. - On April 7, 1908, the petitioners, as defendants in said action, filed with said justice’s court a notice of appeal from said judgment on questions of both law and fact, and…