Bonanza Syndicate v. Superior Court

Petitioners filed with respondent court a notice of appeal from a judgment entered against them by a justice court in an action in which they were defendants. In due time they also filed with respondent court an undertaking on the appeal with two sureties, and the opposing parties thereafter excepted to the sufficiency of the sureties under section 978a of the Code of Civil Procedure and the other steps prescribed by that section were taken, up to a certain point. At that point we begin. The sureties who had signed the bond did not appear at the time set for their justification, but the appellants tendered two other willing sureties in their stead. The justice court refused to permit these latter two to justify and the counsel for respondents on the appeal declined to question them as to their financial qualifications and “withdrew from the proceedings ’ ’. Thereafter and on the same day the would-be sureties swore to and signed, before a notary public, the affidavit which under the law accompanies such bonds and signed the bond itself. The paper was then, and on the same day, filed. Thereafter and upon notice respondent court made its order dismissing the appeal on the ground of…