Johnson v. Superior Court
Opinion
Lead Opinion
Hart, J.
In an action instituted in the justice’s court in and for Sacramento township in Sacramento County, by the petitioner, P. H. Johnson, against one E. M. Easier, a judgment was entered by the justice of said court, on the thirtieth day of July, 1915, in favor of the petitioner and against said Easter for the sum of $109.50 and costs of suit. Thereafter, “and on the 9th day of August, 1915, a notice of appeal, an undertaking on appeal and notice of filing of undertaking on appeal were served on the plaintiff (in said action, the petitioner herein) and filed with the justice of the peace, and at the same time of filing above papers, the defendant (in said action, Easter) paid to the said justice of the peace the sum of $7.00 and no more as costs on appeal; that thereafter, and on the 17th day of August, 1915, the justice’s clerk delivered all the papers and records in said action, together with a certified copy of the justice’s docket to the clerk of the superior court of the county of Sacramento . . . and paid said clerk . . . the fees which had been paid theretofore by defendant, E. M. Easter, to wit: $7.00 and no more; that said clerk of the superior court filed said action in the…