Hobson

This is an original proceeding in certiorari to annul a judgment of the superior court for Tulare County in an action pending in that court on appeal from the judgment of a justice of the peace.

Petitioner was the defendant in an action in the justice’s court of Alpaugh Township, brought against him for the recovery of money. The justice’s judgment, which was in petitioner’s favor, was docketed March 19, 1924. In due time the plaintiff in the action served and filed in the justice’s court a notice of appeal from the judgment. The notice bore date the 9th of April, 1924, but was not filed until the 12th of April. Subsequently to the filing of the notice, but on the same day, the appealing party filed an undertaking on appeal, bearing date the ninth day of April. That undertaking, after the title of court and cause, is as follows: “Whereas, C. Fitch, the plaintiff in the above entitled action, has appealed to the Superior Court of the County of Tulare, State of California, from a judgment made and entered against him in said action on the 19th day of March, 1924; now, therefore, in consideration of the premises and of such appeal, we, the undersigned, do hereby jointly and…