Maple
Maple v. Allen
Opinion
Lead Opinion
Barnard, J.
A writ of certiorari was issued by this court directed to the Superior Court of Tulare County and J. A. Allen, as Judge thereof, requiring that court to certify a transcript of its proceedings and records in the case of Peoples Finance &■ Thrift Company of Porterville, a corporation, Plaintiff, v. F. E. Maple, C. A. Dewey, Charles Foster and Roy R. Foster, Defendants. The latter action had been appealed to the superior court from the Justice's Court of Porterville- township. The purpose of this proceeding is to review the action of the superior court in dismissing that appeal. The transcript of the proceedings in the superior court sets forth copies of the various pleadings and papers filed in the justice’s court, including a transcript of the docket of that court, from which it appears that the action was begun on May 6, 1930; a summons was issued and returned as served on these petitioners on June 3, 1930; a trial was had on October 23, 1930; and a judgment in favor of the plaintiff was entered in October 27, 193-0. Notice of the entry of this judgment was mailed to the respective attorneys on October 28, 1930. Notice of appeal and an undertaking on appeal were filed on January…