Mathis

This is a petition in mandamus to require respondents to dismiss an appeal from a judgment rendered by the justice’s court. On the twenty-first day of June, 1920, petitioner herein, as plaintiff, recovered a judgment against Belle Dennett and John C. Oreutt in the justice’s court in the city and county of San Francisco on an assigned claim for taxi hire in the sum of $187.75. On the twenty-fifth day of the same month counsel for defendants filed in the justice’s court a notice of appeal on behalf of both defendants. On the 29th of June there was filed what purported- to be an undertaking on appeal from said judgment, but which refers to a judgment against John C. Oreutt only, and states that ‘‘ said defendants are dissatisfied with said judgment and desirous of appealing therefrom” and that “said appellants claim a stay of proceedings,” and that “said appellants will pay the amount of the judgment so appealed from.” Numerous interlineations appear upon the face of the undertaking, which would indicate an intention of some one, either before or after its execution, to change it to a bond in favor of the defendant Oreutt alone and at the same time to convey the impression that it…