O'Donnell

In this proceeding a writ of prohibition is sought requiring the superior court to desist from proceeding further in a certain cause which was attempted to be brought into said superior court by appeal from the judgment of a justice of the peace. The petition sets forth that after judgment had been entered in the justice’s court in favor of this petitioner as plaintiff, the defendant in that action, the Mo-lander Power Company, a corporation, on the fifth day of April, 1917, served and filed notice of appeal, and on the same day filed an undertaking on appeal; that on the same day the plaintiff, this petitioner, served on the attorney for the defendant there a notice in writing excepting to the sufficiency of the sureties; that the attorney for that defendant resided in the city of Long Beach, which was a distance of about twenty miles from the city of Los Angeles, and that the notice of exception to sureties was served by being deposited in the United States postoffice in the city of Los Angeles, properly addressed and the postage prepaid; that thereafter, on the eleventh day of April, 1917, being the sixth day after the mailing as aforesaid of the notice of exception, the…