Wright

This is an application for a writ of prohibition. Petitioner was plaintiff in an action pending in the justice court and procured judgment against defendant therein. More than thirty days after the justice had tried the cause and had made the entry in his docket, “Judgment for plaintiff” for a certain amount and costs, defendant in the action filed his notice of appeal from the judgment. Respondent court denied a motion to dismiss the appeal. Petitioner, contending that the motion should have been granted, seeks now to prohibit respondent from proceeding further with the action. An alternative writ of prohibition was issued upon the filing of the petition and the present question is whether the writ shall be made peremptory.

[1] Section 974 of the Code of Civil Procedure, as it stood when the justice made the above-mentioned entry in his docket and when the notice of appeal by the defendant from the judgment of the justice was filed, provided that “Any party dissatisfied with a judgment rendered in a civil action in a police or justice’s court, may appeal therefrom to the superior court of the county, at any time within thirty days after the rendition of the judgment”; and it was…