Pacific States Corp. v. Superior Court

In an action filed against' petitioner herein in the justice’s court of Pasadena township, in the county of Los Angeles, judgment was rendered in favor of Redman, plaintiff, against Pacific States Corporation, defendant. The corporation appealed. On motion of Red-man, the Superior Court dismissed the appeal upon the ground that the same had not been perfected within the time provided by law. Thereupon said' corporation filed its petition in this court for a writ of mandate to compel the Superior Court to exercise jurisdiction over said appeal, and to proceed to hear and determine said action upon its merits. The questions of law involved in this proceeding are raised by demurrer to the petition.

Section 981 of the Code of Civil Procedure reads as follows: “No appeal effective unless fees for filing are paid. No appeal taken from a judgment rendered in a police or justice court in civil matters shall be effectual for any purpose whatever unless the appellant shall, at the time of filing the notice of appeal, pay in addition to the fee payable to the justice of the peace on appeal, the fees provided by law to be paid to the county clerk for filing the appeal and for placing the…