Bergevin

This is an application for a writ of review occasioned by the dismissal of the appeal of the said A. M. Bergevin & Company from a certain judgment of the justice court of Township No. One in said Amador county. The order of dismissal was based upon the ground of the insufficiency of the bond on appeal.

It is not claimed that the proceedings of the superior court up to the time of said dismissal were in any respect irregular, but the contention is that the court, in holding that the bond was insufficient, exceeded its jurisdiction, or, in other words, did not “regularly pursue” its authority within the meaning of section 1074 of the Code of Civil Procedure, providing that “The review upon this writ cannot be extended further than to determine whether the inferior tribunal, board or officer has regularly pursued the authority of such tribunal, board or officer.”

What constitutes a departure by a court from the regular pursuit of its authority is often difficult to determine, although the decisions of our supreme court would seem to leave no doubt as to what should be the conclusion here.

In Buckley v. Superior Court, 96 Cal. 120 , [ 31 Pac. 8 ], it is said: “It will be noticed…